Have you been injured in an accident in the State of Washington? Do you know that you should be compensated for your emotional distress? Learn how in this article. In a personal injury case, the state of Washington breaks down damages awarded to the victims in two forms. They are:
- Economic damages which can be objectively verified monetary losses like loss of earnings, medical expenses, and burial costs; and
- Non-Economic damages which are subjective non-monetary losses such emotional distress. These have no financial impact on the victim, but rather have an emotional or psychological impact. They are common losses suffered by the majority of accident victims, rather than more particular damages based on the cost of the accident.
What is emotional distress? Emotional distress can be defined as causing serious psychological pain to another person. For personal injury cases, people can ask for damages for emotional suffering. However, a percentage of compensation is paid based on the impact the defendant has on the plaintiff’s mental state and the severity of their physical injuries.
What are the emotional distress damages? In an injury lawsuit where you’re seeking compensation for emotional and physical damages, you’re requesting money to compensate for the emotional toll your accident has taken on your life. Think about how such severe injuries could cause emotional discomfort such as:
- Sleep loss due to severe anxiety
- Night terrors
- Uncontrollable crying
- Decreased Intimacy
It is absolutely critical that you get the help of the top-rated personal injury attorney as soon as possible if you are suffering from the effects of mental agony. Talk to the best personal injury lawyer to see if your emotional suffering is relevant to your personal injury claim.
You must document any and every emotional distress:
There are times when emotional pain becomes part of bodily injury claims and opponents do everything they can to keep it out. Since it’s important to have a record of the emotional anguish, how it affects your life, and the depth of that suffering, you must do everything in your power to record it. Additionally, you must visit a doctor about it. In a civil court, one will find it difficult to win if he or she makes a claim of mental distress without being evaluated by a specialist.
- Determine the level of intensity- The magnitude of your emotional and mental suffering is quantified in terms of intensity. Provide evidence of how the emotional turmoil influences your daily activities. Do you experience difficulty sleeping? Do you think you could return to work soon? If your answer is yes, what other symptoms do you have?
- Cite notable time spans- Before you and your treating physician can decide on the duration of your emotional suffering, you and your doctor must have a frank discussion about it. Weigh the length of the symptoms you have endured, the efforts you have made to treat the problem, and the chances of a positive outcome.
- Concern: Medical or Bodily Harm- A court mandates that you must suffer a harm as well as emotional suffering in order to make a claim. In other words, to help convince the judge that an injury did occur, the injury had to be assessed and evaluated to establish the impact it had on your physical and emotional well-being. Include a full list of medical issues you experience as a result of your emotional distress, including stress-related headaches, ulcers, acid reflux, and others.
- Expected Prognosis- The psychiatrist or therapist treating you will have to attest to the expected manner in which you will heal from your emotional trauma. Some professionals may think that you require several months of therapy, therefore they may prescribe drugs for you. Regardless, they have to have a prognosis recorded.
The top personal injury attorney, Justin Elsner and his law firm, Elsner Law Firm can assist you in determining the significance of non-economic damages in your case. Refer to https://app.leg.wa.gov/RCW/default.aspx?cite=4.56.250 to learn more about non-economic damages. Accidents, including vehicle accidents and slip and fall accidents, are emotionally traumatizing. Often the physical injuries can lead to feelings of anxiety, depression, and restlessness. If you have a permanent disability because of your accident, it is only natural to suffer emotional distress as well.
What are the types of Non-Economic Damages?
- Pain and Suffering- They are compensation for the physical pain, emotional distress, and mental torment you incurred as a result of the accident. A jury must evaluate evidence such as your pain treatment, your own testimony, and any psychological harm you may have had as a result of the pain.
- Mental Anguish- Typically established by expert testimony from a psychologist or another mental health professional, you may be entitled to compensation for emotional anguish. This may manifest as an inability to sleep, a loss of appetite, anxiety, or post-traumatic stress disorder.
- Loss of Enjoyment- This includes any loss of capacity to appreciate previously enjoyed activities. Assume you adore bicycling. It is your preferred pastime, it contributes to the maintenance of a healthy lifestyle, and it provides general stress release and delight. If your leg is damaged or amputation is necessary, you may be reimbursed financially for the loss of ability to do the activity you enjoy.
- Disfigurement- The State of Washington describes many kinds of disfigurement in a law that does not list economic damages. You may be eligible for compensation if you have experienced a severe scar, burning, or other skin or bodily harm, which leads to significant suffering.
- Loss of Consortium- If you were involved in an accident caused by another driver and you are the spouse of the victim, then you have a legal claim against the negligent driver. If your sexual relationship with your spouse has been disrupted due to your injuries, you might seek compensation for that loss.