What is an Emotional Distress Claim?

Have you recently been injured in a serious accident in California and are curious about your right to pursue compensation? Do you think you might have grounds for an emotional distress claim? Educating yourself about the different types of compensation available to you can give you more confidence if you choose to move forward with filing an injury claim. The right California personal injury lawyer can make a big difference in the outcome of your case and in helping guide you through this process.

There may be multiple components to your claim, including an emotional distress claim. Understanding how this process works will give you further clarity on the basics of a personal injury claim.

What is an Emotional Distress Claim?

Damages are typically categorized as non-economic and economic damages. Non-economic damages can be more difficult to quantify, as they are more abstract, whereas economic damages can easily be quantified, as they are the total of your lost wages, medical bills, property damage, and other direct expenses.

Non-economic damages, however, include loss of enjoyment of life, disfigurement, pain and suffering, and emotional distress. Under that umbrella of non-economic damages, you will find emotional distress claims. These are intended to compensate someone for the psychological impacts that an injury had on them. These impacts can be personal and may even be intangible. Emotional harm does not have a clear monetary value, making it one of the most complex components of pursuing compensation.

Having the right California personal injury lawyer and someone who is highly familiar with emotional distress claims can help you determine if this is a component of your claim and how best to proceed.

What Are the Challenges of Proving Emotional Distress?

Different people may react differently to similar traumas, injuries, or accidents. Some people may suffer long-term psychological effects, such as post-traumatic stress disorder, depression, anxiety, or other issues as a result of an accident. As a result, it can be very challenging to present your case to the insurance company or in court if you’re not clear about how emotional distress claims work.

Some of the most common challenges associated with emotional distress components of a personal injury claim in California include the perception of validity, the need for expert testimony, a lack of objective evidence, demonstrating the duration and severity of the emotional distress impacts, and causation issues.

In a California personal injury case, the opposing party (typically an insurance company or defense attorney) may try several strategies to minimize your emotional distress claim. Their goal is to reduce the amount of compensation you receive by questioning the severity, cause, or legitimacy of your emotional suffering.

One common tactic is to argue that your distress is unrelated to the incident in question. They may claim that your symptoms stem from a pre-existing condition or from unrelated life stressors rather than the accident itself. They might also scrutinize your medical records for any history of mental health treatment, suggesting that your distress was already present.

Another approach is to downplay the extent of your suffering by arguing that there’s insufficient documentation. If you didn’t seek counseling or treatment, or if your symptoms aren’t detailed in your medical records, the defense may argue that your distress isn’t serious enough to warrant compensation.

Finally, they may try to portray your claim as exaggerated or fabricated, especially if your physical injuries were minor. That’s why it’s so important to work with a personal injury lawyer who can help you document your experience thoroughly and present credible evidence to support the emotional impact the injury has had on your life.

What are California’s Two Different Kinds of Emotional Distress Claims?

There are two different ways that you may file an emotional distress claim in California. The first is known as intentional infliction of emotional distress, which applies when the other party’s outrageous or deliberate behavior causes you significant distress. You must bear the burden of proof in showing that the conduct was outrageous and extreme.

The second type of emotional distress claim involves negligent infliction of emotional distress. This involves claiming that you sustained mental harm because of someone else’s negligence. It is critical that you still prove a connection between the duty of care that the other party owed to you and the harm that resulted for you as a result of that breach of duty.

Finding the right personal injury lawyer is essential for creating an emotional distress complaint, an emotional distress claim, and any other components of your personal injury claim.

Can Bystanders Also File Emotional Distress Claims?

Direct victims and bystanders may both have a component for an emotional distress claim. If you were directly involved in the accident, you may be able to claim emotional distress. But if you were a bystander, such as someone who witnessed a traumatic event, you may also have grounds for an emotional distress claim. One example of this is if you witnessed a family member’s devastating injury or wrongful death.

In order to pursue an emotional distress claim as a bystander, however, California law requires you to be present at the scene of the event and to be aware at the time that the event is causing injury to your family member. What is the standard of proof? For California non-economic damage claims, the standard of proof for recovering compensation with emotional distress requires showing that the distress is enduring and substantial.

In many cases, this requires psychological and medical evidence. You may also need to rely on testimony from mental health professionals to show the true scope of how the accident has changed your life.

Note that there are strict time limits for filing a civil claim in California, including any personal injury lawsuit that has an emotional distress component. In most cases, the statute of limitations for personal injury claims is two years from the date of the accident. These timelines may be shortened, however, if the claim involves a government entity, so it is always in your best interest to communicate with a personal injury attorney in California as soon as possible.

How are Damages for Emotional Distress Calculated?

Working with an attorney is crucial because there is no one formula for determining emotional harm damages for a victim or bystander after a California accident. The amount awarded will depend on the evidence presented and the specific circumstances of the accident.

Some of the most important factors influencing this include the duration of suffering, the severity of the suffering, the impact of the suffering on your daily life, the physical impact, such as weight loss, insomnia, or other stress-related conditions, the culpability of the defendant, such as cases in which you may argue that they intentionally inflicted emotional harm, and the discretion of the jury.

Non-economic damages can be an important component of your overall personal injury claim, but they also require finesse and knowledge about common issues in these suits. This is why you need to identify a lawyer who has ample experience helping people navigate this process. Contact our office today to learn more about how we can help you with an emotional distress claim or any other components of your personal injury lawsuit.

How Can a Lawyer Really Help with an Emotional Distress Claim?

In a California personal injury lawsuit, emotional distress can be a key component of the damages you seek—but proving it requires more than just telling your story. A skilled lawyer plays a critical role in helping you organize and present the evidence needed to support an emotional distress claim effectively.

First, a lawyer helps you identify the types of emotional harm that are legally recognized in California. This could include anxiety, depression, insomnia, post-traumatic stress, or a general loss of enjoyment in life. Your attorney will work with you to understand how your injury has impacted your mental and emotional well-being, and then begin building a case to connect those experiences directly to the accident or injury.

A personal injury attorney can also help gather and present key types of evidence, such as medical records, therapist notes, journal entries, and testimony from mental health professionals. They may also collect statements from family, friends, or coworkers who have observed changes in your behavior, personality, or daily functioning since the injury occurred.

Perhaps most importantly, your lawyer ensures that the emotional distress claim is woven clearly into the overall narrative of your case. They will frame your experience in a way that resonates with judges, juries, and insurance adjusters, and ensure that your emotional harm is taken as seriously as your physical injuries.

In a state like California, where emotional distress damages can significantly impact the outcome of a personal injury case, having the right legal representation makes all the difference. A knowledgeable attorney knows how to present emotional distress claims with the necessary detail, documentation, and credibility to support fair compensation. Whether you’re filing a claim for negligent or intentional infliction of emotional distress, a lawyer can help ensure that your suffering is seen, understood, and accounted for.