Can Emotional Distress be Considered Damages in a Court Case?

By Staff Writer

Generally, any personal injury afflicted upon you can cause a severe amount of stress.  Can this stress and other types of emotional distress be considered damages in a court case where you are able to collect money due to what has happened to you?

Yes, they certainly can.  These types of damages are considered pain and suffering damages.

Economic damages such as medical expenses or lost wages are tangible losses due to your injury.  Emotional distress on the other hand is not.

What are emotional distress damages?  NOLO explains they are monetary damages designed to compensate you for the psychological impact of your injury.  There are a variety of things that can manifest due to emotional distress, including:

• Sleep loss
• Severe depression
• Anxiety
• Fear
• …and much more

It is very important that you have documentation to prove your emotional distress issues.  For example, if your situation is bad enough to have a case, then you are most likely seeking medical help.  Any and all documentation from your doctor is necessary.

Another great suggestion is to keep a journal.  Document all of your feelings, moods and illnesses that you may be experiencing after your injury.  Emotional distress can be very subjective.  Therefore, any and all documentation and evidence to prove your case is very important.

It is vital to have a qualified personal injury attorney to review your case and help guide you as to what you may possibly qualify for in damages.  Many states have laws limiting the amount of money you can be paid for non economic damages.  Contact a qualified personal injury attorney at Gilreath & Associates to discuss with you the laws in the state of Tennessee and how we can help you with your case!

Posted in Uncategorized | No Comments »