Frequently Asked Questions

Can I Sue for Emotional Distress in a Personal Injury Case?

Yes, emotional distress is something you can seek compensation for if it’s connected to physical injuries or the trauma you’ve experienced from the incident.

Physical injuries aren’t the only consequences of a personal injury. Victims of car accidents, medical malpractice, and other incidents may be able to pursue a personal injury lawsuit seeking emotional distress damages. These refer to any issues or symptoms that have a negative impact on one’s mental or emotional well-being, such as:

  • A diagnosis of post-traumatic stress disorder
  • Insomnia
  • Anxiety
  • Depression
  • Chronic fatigue 

You may receive damages if these or other symptoms impact your quality of life. For example, severe depression after an accident could lead you to have no interest or enjoyment in events that you would regularly partake in. 

To sue for emotional distress, victims must prove that their symptoms are a direct result of their accident or injury. Medical records could serve as evidence supporting this claim. Other forms of evidence include testimony from healthcare professionals, documents confirming mental health treatment, and statements from loved ones. 

Understanding the Nuances of Pain and Suffering Damages

It’s possible to sue for emotional distress if you’ve been injured in an accident. However, you don’t always have to endure physical harm to seek non-economic damages. You may have grounds to pursue compensation if you witness a traumatic event or experience intentional infliction of emotional abuse.

Did you lose a family member because of someone’s negligent actions? Wrongful death cases can also involve emotional distress damages. 

How To Begin a Personal Injury Claim Citing Mental Anguish

Plaintiffs in Pennsylvania have two years to file a personal injury lawsuit, which begins counting down from the day of the accident. Compile evidence supporting your claim and discuss your case with an attorney. A legal professional can help with completing the paperwork, gathering evidence, and negotiating with the defendant’s representatives. 

While a claim could only be for emotional distress, it’s common to seek other damages, including medical expenses, lost wages, property damage, and other accident-related costs. Keep relevant financial documents to help your lawyer determine a fair amount to pursue should you decide to move forward with the legal process.

If you wish to sue for emotional distress after an accident, you’ll need an experienced lawyer to guide you every step of the way. Turn to Ostroff Godshall Injury and Accident Lawyers for a personalized legal strategy and discover how you can seek justice. Contact our firm at (484) 351-0350 to schedule a free case evaluation.