Can I Collect For Emotional Damages?
Published on:July 31, 2022

Accidents happen daily on New York roads, often causing emotional trauma to the victims. Aside from the physical injuries, victims also have to visit a professional therapist so they can deal with emotional damage.

In a legal sense, emotional distress or damage is any damage classified under pain and suffering. Your pain and suffering are considered non-economical since a specific monetary value can not be placed on them.

However, the victim must prove that they experienced or are perhaps, still experiencing emotional distress due to the accident and therefore qualifies for compensation. Some of the types of accidents that could cause emotional damage include:

  • Car accidents
  • Plane crashes
  • Work accidents
  • Wrongful deaths
  • Dog bites/attacks

Getting ready for a lawsuit

After being involved in an accident, victims often find their life takes a different turn. But, most commonly, they have experienced such an impact before, resulting in a new kind of fear that might affect their daily lives.

To qualify for compensation, you will have to provide evidence that the accident caused you to suffer from mental anguish. In addition, you need convincing evidence for the judge and jury, which is why it’s necessary to work with a professional personal injury attorney.

Proving Emotional Damage

When working with a personal injury lawyer here in New York, you will discover that the process is a bit easier. While each case is different, the following points can be used as evidence:

  • Medical and therapy records
  • A medical diagnosis
  • Expert records from doctors
  • The victim’s injury journal
  • Photo or video evidence of scarring or injury caused by accident, etc.

Also, note that the severity of your emotional distress matters and will ensure you get full compensation for the ordeal you suffered. Your attorney will help you prove your condition without throwing out your case. 

A few states in the US have laws limiting how much can be paid for non-economic damage. So the amount you get as compensation is often subject to a statutory cap, depending on the severity of your condition.

For instance, fear of driving might emerge after an accident, agoraphobia after an assault, and depression. Conditions such as this will impact the amount of compensation you’ll receive. 

Hire a personal injury attorney

If you must get total compensation for the emotional damage you suffered, your best chance will be to work with a professional attorney with vast experience with cases like this. That way, your attorney will represent you every step of the way.

In that case, feel free to get in touch, and we’ll make sure you get compensated for the emotional trauma you suffered. Call or fill out our contact form to book an appointment.