Can I Collect For Emotional Damages?

When an accident or traumatic event occurs, it can have a profound impact on a person's emotional and mental well-being. Emotional damages, which are also referred to as non-economic damages, are designed to compensate individuals for the emotional pain and suffering they experience as a result of an incident. However, the rules and regulations surrounding emotional damages can be complex and vary depending on the jurisdiction and the specifics of the case.

In New York, accidents occur frequently on the roads, causing emotional trauma to the victims. Emotional distress is classified under pain and suffering, and it is considered a non-economic damage since it cannot be quantified in monetary terms. Victims of accidents are often required to visit professional therapists to deal with the emotional damage in addition to the physical injuries they may have sustained.

To qualify for compensation for emotional distress, the victim must prove that they have experienced or are still experiencing emotional trauma as a result of the accident. Some of the types of accidents that can cause emotional damage include car accidents, plane crashes, work accidents, wrongful deaths, and dog bites or attacks. If you have experienced emotional distress due to an accident or traumatic event, keep reading to learn more about your legal options.

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.


Call Sgarlato & Sgarlato PLLC. today to schedule your free consultation.

Sgarlato & Sgarlato PLLC Personal Injury Lawyers helps injured residents of the Staten Island area recover full compensation for the damages and losses they suffer due to the negligence of others.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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