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Does Bodily Injury Include Emotional Distress?

Personal injury claims allow injured victims to recover their losses after suffering from physical injuries or illnesses due to the negligence of other parties. Emotional damages come into play in many of these cases; personal injuries like car accidents and injuries from assault due to negligent security can be extremely traumatic experiences, often leaving victims with psychological scars that follow them for years and disrupt their lives in unpredictable ways. Emotional damages may not qualify exactly as bodily injury, and some injury claims may revolve around emotional damages without any physical injuries, but most personal injury cases that involve emotional damages indicate physical injuries or illnesses. that is why sometimes, it is wise to speak with a local personal injury lawyer who knows how to help you.

Damages in a Personal Injury Lawsuit

If you intend to file a lawsuit against another party for a physical injury, it is vital to assess whether your experience involved any emotional distress or other psychological damages. If so, you can claim compensation for these losses in your claim. However, you must provide evidence that the emotional damage resulted in some kind of measurable or tangible loss. For example, if you needed therapy after suffering a violent assault that only occurred due to negligent security, producing records of your therapy sessions following the incident could be enough to substantiate a claim for emotional damages.

In some cases, plaintiffs will rely on expert witness testimony to prove emotional distress and other noneconomic damages. For example, if a plaintiff claims emotional distress related to a physical injury or illness or resulting from a physical disability the defendant’s actions caused, the expert witness may help the court understand how his or her emotional distress is a reasonable and expected result of his or her experiences.

Claims for Solely Emotional Damages

It is possible, though rare, to have grounds for a personal injury claim with emotional distress, but state laws vary when it comes to a claimant’s ability to take legal action for such a claim. In some states, the claimant must have suffered some kind of physical symptom or physical distress from his or her emotional damages. For example, a plaintiff suffering night terrors, persistent nausea, and severe depression from Post-Traumatic Stress Disorder would likely satisfy this requirement. Other states only allow legal action in response to intentional infliction of emotional distress, while others allow for legal action in response to negligent infliction of emotional distress.

Possible Damages in an Emotional Distress Claim in Montana

Depending on the nature of a defendant’s behavior, it is possible for a plaintiff with a claim of emotional distress to secure several types of compensation.

Potential plaintiffs should remember that if an emotionally distressing incident leads to physical symptoms or a clear need for any kind of medical treatment, the incident likely qualifies for legal action in most states. Although these claims are usually harder to prove that claims for physical injuries, the potential recovery could be substantial. If you or a loved one suffered severe emotional distress due to another party’s intentional or negligent actions, speak with a personal injury attorney as soon as possible.