Emotional Distress In Personal Injury Cases Explained: Knowing When To Sue

An accident comes with physical, psychological, and emotional consequences. Apart from the impending medical bills and lost wages, you could be a victim of a lifetime of PTSD.

The good news is that Pennsylvania law also allows victims to sue for compensation for emotional distress. 

Hi, in today’s blog, we will discuss emotional distress in personal injury cases and when you can file a personal injury case for emotional distress in Pennsylvania. 

Emotional Distress in Personal Injury Cases: How The Pennsylvania Personal Injury Law Defines It

Legally, emotional distress means you suffering from mental pain, anguish, or suffering because of the negligent actions of another individual. 

Pennsylvania law recognizes emotional distress as an injury for which you can claim monetary damages.

However, usually, you can only get damages for emotional distress when it happens directly as a consequence of physical harm. 

Still, there are exceptions when you are within the danger zone of the bystander. 

Emotional distress, or pain and suffering caused by an accident, can manifest in the following forms, 

• Anxiety
• Weight Gain
• Depression
• Insomnia

So, if you are facing any of these due to an accident, you can file a personal injury lawsuit for emotional distress in Pennsylvania. 

However, the timeframe is very crucial while filing a personal injury lawsuit for emotional distress. The statute of limitations in Pennsylvania governs the timeframe, and it has to be within two years of the accident taking place. 

In other words, when you are involved in an accident that has caused you emotional distress, you have to file the case within two years of the date of occurrence. 

Again, to establish your ground for filing a personal injury case for emotional distress, you have to prove that your mental suffering is very severe, causing a disturbance in your daily lives by impacting your quality of life and ability to earn. 

How Are The Claims For Emotional Distress In Personal Injury Cases Calculated?

First, your personal injury lawyer will argue for your emotional distress damages. Then, they will use the multiplier method to calculate the damage claim you can make. 

At this stage, they will calculate the following economic and tangible damages. 

• Lost wages
• Medical bills
• Recovery expenses, including support 

After adding all the tangible and economic damages, your attorney will multiply the sum by a number between 1.5 and 5. The figure found after the calculation will be your settlement proposal to the party at fault. 

Furthermore, the severity of your personal distress and its impact on your daily life and recovery time are important factors while making your claims for emotional distress in personal injury. 

The per diem method is another popular method to calculate your claim for emotional distress in personal injury cases. It determines a daily rate for the pain you suffer every day and then multiplies the amount by the number of days you have suffered. 

Types Of Emotional Distress In Personal Injury Cases: Understanding The Claims In Pennsylvania

There are different types of civil lawsuits that individuals can bring based on emotional distress only without physical injury. 

They fall into two major categories: negligent infliction and intentional infliction of emotional distress.

Negligent Infliction

If an individual sustains physical injuries due to someone else’s negligence, they can file a personal injury claim for compensation. 

They can claim compensation for emotional pain and suffering arising from the physical injuries they sustained in the accident. 

However, can they still pursue monetary damages if they did not suffer any physical injury in the accident?

Even if a person did not sustain physical injuries, the shock of the accident could result in PTSD and other psychological trauma. 

Nevertheless, one cannot file a lawsuit for negligent infliction of emotional distress without physical injuries except under certain conditions. 

The only way to get monetary damages would be to prove that the emotional distress caused some physical reactions.

For example, if a person suffers anxiety in an accident, this makes them develop tremors in their hands. Provided that they can link these physical symptoms to emotional distress, you can recover damages under Pennsylvania law.

The Exception

While you may not be able to pursue compensation for emotional distress in personal injury cases without accompanying physical injuries, there is an exception. 

This exception applies when the plaintiff is within the danger zone or is a bystander. 

That is, if the plaintiff witnessed a relative or friend get injured in proximity to them, they can sue for monetary damages.

Intentional Infliction

Pennsylvania recognizes and allows personal injury claims based on intentional infliction of emotional distress, with or without physical harm. 

However, for the claim to be successful, the plaintiff must prove that the defendant was extreme and outrageous in their conduct. 

Also, they must prove that the defendant acted with intent and recklessness and suffered emotional distress as a result.

How To Prove Emotional Distress In Personal Injury Cases?

“Proving emotional distress in a Pennsylvania law court requires presenting evidence and establishing certain elements to demonstrate the severity of the distress,” says Attorney Jeffrey P. Lowenthal of Lowenthal & Abrams, Injury Attorneys. 

Key Elements In Proving Emotional Distress In Personal Injury Claims 

Your lawyer will demonstrate causation, severity, and manifestation while proving emotional distress in a personal injury case in Pennsylvania. 

Causation	Direct link between the action of the other party and the plaintiff’s mental distress
Severity	The impact of the emotional distress is backed up by the following: Expert TestimonyMedical RecordsTherapy Sessions
Physical Manifestations	HeadacheStomach acheStress-induced ailments

Evidence To Prove Emotional Distress In Personal Injury Cases In Pennsylvania

Some ways to prove emotional distress in a personal injury case in Pennsylvania include the following:

• Direct testimony describing the plaintiff’s experiences, feelings, and the impact of the distress on their life;
• Medical records showing diagnoses, treatments received, and other evidence that supports the claim;
• Expert witnesses like psychiatrists and psychologists to provide expert testimony supporting the plaintiff’s claim of emotional distress and
• Testimony from witnesses, including family, friends, and bystanders.

Understanding The Scope Of Emotional Distress in Personal Injury Cases In Pennsylvania: Beyond Accidents

Pennsylvania allows personal injury victims to pursue compensation for emotional distress, but only if there are accompanying physical injuries. 

Nevertheless, you may be able to pursue compensation for emotional distress without physical injuries under the conditions explained in this blog.

Furthermore, emotional distress in personal injury cases in Pennsylvania is not limited to accidents. You can even prove emotional distress against your employer under specific circumstances. 

For example, if the negligent or intentional infliction of your employer has caused you significant mental suffering, you can file a case against them. 

However, the Workers’ Compensation Act in Pennsylvania makes it difficult for an employee to file a personal injury lawsuit against an employer for emotional distress. 

Therefore, the Workers’ Compensation Act governs and solves emotional distress claims in most cases. 

So, consult an attorney to discuss whether your claim can be settled via the Workers’ Compensation Act or if you need to file a lawsuit for the same.

Read Also:

• Understand Strict Liability in Personal Injury Cases: Key Insight
• 5 Signs You Might Have a Personal Injury Case