Emotional Injuries

How do the emotional injuries affect my personal injury case?

When someone is hurt in a car accident some of the damages are obvious.  The car is totaled.  The hospital and doctors’ bills start coming in the mail.  But what about the pain caused by injuries?  What about the anxiety and worry that come along with being physically hurt?

You can be compensated for your emotional injuries and they are different for everyone.

A mother who has injured her back in a fall may be heartbroken that she cannot lift and play with her toddler.  A young man may have to miss playing sports for his school due to his injuries from a car crash.  A young woman may worry that a scar from a dog bite may never go away.  All these examples are forms of emotional injuries that the insurance company is required to compensate you for in addition to your medical bills.

What if I was not physically injured, but I have emotional injuries from watching a loved one get hurt or killed? Can I still be compensated?

It is the stuff nightmares are made of.  Someone you love: your spouse, your child, your sibling, was hurt or killed in an accident and you watched the scene unfold in front of you.  You may have been fortunate enough not to be physically injured yourself, but naturally, you have emotional injuries from what you witnessed.  Feelings of anxiety, guilt, and depression are all common forms of emotional injuries in this kind of situation.  Some people are even diagnosed with Post Traumatic Stress Disorder (PTSD) from witnessing a loved one being injured or killed.  You can be compensated for what you went through, even if your injuries are emotional and not physical.

Negligent Infliction of Emotional Distress

People who see their loved ones get hurt will suffer, even if they themselves escape physical injury.  The law therefore provides a remedy.  A person can be compensated for their emotional injuries in this scenario if the following qualifications are met:

1.         They have a close family relationship with the person who was injured;

2.         They personally witness the act that caused the injury;

3.         They suffer serious emotional injuries.

What should I do if I’m suffering emotional injuries from having seen a loved one get injured?

First, know that you are not alone.  If you are overwhelmed by how you feel, reach out to those you trust to talk about your feelings, like friends and family.  Most important, reach out to your medical doctor.  There is no shame in getting help to address your mental health after something traumatic happens.

While an insurance company may communicate with you about paying your medical bills, they will often offer far less than a claim is worth for the emotional injuries.  The personal injury attorneys at Freedman Law have decades of experience in handling personal injury claims and the emotional injuries that that naturally come with them.  They can help guide you in receiving any care you need and make sure you and your loved ones are fully compensated for what happened.

Freedman Law