You might think of personal injury claims as broken bones, whiplash, or endless hospital bills following an accident. But those are not the only factors of these claims. Emotional distress also shows up in nearly every serious personal injury case. In fact, the average post-traumatic stress disorder (PTSD) settlement amounts range from $10,000 to $120,000, with many cases falling between $50,000 and $100,000.
If you’re feeling anxious, depressed, or like you’re not quite the same after your accident, you’re not alone – and you’re not overreacting. California law recognizes emotional injury as a real and tangible form of damage. But proving these invisible wounds takes a different, more involved strategy than simply showing a cast or an X-ray.
This blog will examine what kinds of emotional injuries count in a personal injury claim, how to prove them, and what type of compensation you might be entitled to. At RMD Law, we understand the emotional impact of an accident. Let’s walk through this together.
What Are Emotional and Psychological Injuries in Legal Terms?
After a car crash, assault, or catastrophic injury, you may feel like your life has been split into “before” and “after.” That’s emotional trauma, in legal terms, it can take a few forms:
1. Emotional distress
Emotional distress is your emotional response to something that caused lasting psychological harm, like a car accident, violent incident, or even repeated exposure to a stressful situation. The court recognizes this emotional injury in two ways:
- Intentional Infliction of Emotional Distress (IIED) – When someone deliberately causes you emotional harm, like threatening or harassing you.
- Negligent Infliction of Emotional Distress (NIED) – When someone’s carelessness results in your mental suffering, even if they didn’t mean to hurt you.
2. Post-traumatic stress disorder (PTSD)
PTSD is a more severe, diagnosable condition that develops after a terrifying or violent experience, like a near-fatal car crash. If you’re experiencing flashbacks, nightmares, or constant fear, a licensed mental health expert can diagnose PTSD, which strengthens your case significantly.
3. Anxiety
You might notice panic attacks, shortness of breath, or overwhelming dread, especially in situations that remind you of the trauma. You can document anxiety linked to your accident – mainly if it affects your work, sleep, or social life—and include it in your claim.
4. Depression
Persistent sadness, fatigue, or hopelessness might not fade with time. Depression often follows a serious injury or lifestyle disruption. If you’ve lost interest in things you used to love, or you’re struggling to function day-to-day, your condition constitutes real harm and is legally relevant.
5. Loss of enjoyment of life
Even if you feel fine, experiencing a traumatic event might make you lose interest in playing with your kids, attending family events, or pursuing your hobbies. This type of psychological injury is subjective but powerful, mainly if your personal injury claim includes testimonials from people who knew you before and after the event.
How Are These Injuries Proven in a Personal Injury Case?
Unlike a broken arm, emotional injuries don’t show up on scans. You and your personal injury attorney need to document and prove how the traumatic event affected your mental health. You can start with the following steps:
1. Gather medical documentation
Seek help from a licensed therapist, psychiatrist, or psychologist. Their notes, diagnoses, and treatment plans show that your emotional distress is severe and directly tied to the incident. If you skip this step, your claim won’t be as strong as you hope it will be.
2. Share testimony from yourself and people close to you
While it may be difficult, consider being honest with your loved ones about your struggles. Your statement helps paint a picture of what you’ve been going through. But what’s more powerful is your friends, family, or coworkers vouching for how you’ve changed. That outside perspective can really make a difference in court or during settlement negotiations.
3. Stay consistent with your treatment
Skipping appointments or stopping therapy too soon gives insurance companies ammunition to dismiss your emotional injury. Consistency shows that you’re taking recovery seriously, and it supports your claim.
More than just supporting your personal injury case, sticking with therapy or treatment can help you process the trauma, regain control, and start feeling like yourself again.
4. Keep a journal or log
Track your symptoms like panic attacks, insomnia, mood swings, or moments when you couldn’t face the day. Over time, your journal becomes evidence of just how much this trauma has affected your life.
Limits and Challenges in Emotional Injury Claims
Filing for emotional damages isn’t as simple as saying, “I’m suffering.” In California, emotional injury claims come with strict rules and high standards. Here’s what you’re up against:
Choosing from two legal paths
If the emotional harm was unintentional, you’re looking at a NIED claim. That typically means you either witnessed a loved one being seriously hurt or were in the danger zone yourself due to someone else’s carelessness.
If the harm were deliberate or reckless, you’d pursue an IIED claim—but it demands proof of behavior so outrageous, it would shock any reasonable person.
The absence of physical injury
Emotional pain is invisible, which makes it harder to prove and even harder to quantify. You’ll need solid, verifiable evidence like therapy records, psychological evaluations, and testimony from professionals to show that your suffering is real, serious, and life-disrupting.
Pushback from the other side
Defense attorneys might argue that you’re exaggerating, that your symptoms come from a preexisting mental health condition, or that the defendant’s behavior wasn’t outrageous enough to warrant a lawsuit. They may even say you weren’t close enough to the incident to be impacted or that you didn’t actually witness anything traumatic.
Compensation for Emotional and Psychological Harm
There’s no exact calculation for emotional distress, but California courts typically use:
The multiplier method
Your lawyer calculates your medical bills and lost wages, then multiplies that total by a factor between 1.5 and 5. The multiplier depends on how severe your pain and emotional suffering are—the worse it is, the higher the number.
The per diem method
Your lawyer picks a daily rate, often based on your actual income. They multiply that rate by the number of days you suffered pain or emotional distress to calculate your compensation.
You may then get paid for:
- Pain and suffering are non-economic damages that cover the physical and emotional pain your injury caused.
- Diminished quality of life includes damages for the inability to enjoy hobbies, socializing, or daily routines as before.
- Loss of consortium involves compensating your spouse or partner for loss of companionship, intimacy, and support due to your injury.
- Future mental health care, such as ongoing or future therapy, psychiatric care, medications, and related support tied to your emotional injuries.
Insurance companies won’t prioritize your emotional injuries; they’re focused on quick, low payouts. That’s where your personal injury lawyer comes in. At RMD Law, we build strong, detailed cases that shed light on the full physical, and psychological, impact. We fight for fair settlements that take into account everything you’ve lost, including any emotional impacts.
Don’t Suffer in Silence
Just because your pain isn’t visible doesn’t mean it isn’t valid or compensable. California law gives you the right to pursue damages for emotional and psychological injuries. You need the right tools and the right team.
So don’t brush it off. If your life feels smaller or darker after your accident, that matters. And you don’t have to carry that weight alone.
At RMD Law, we’ll listen to and guide you every step of the way. We’ll fight for every dollar you deserve because your full recovery includes your mental health, too.
Connect with us today to start your journey to full recovery.
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