Can You File a Lawsuit for Emotional Distress?

The damages from a personal injury are often more than physical. Dealing with the physical and financial difficulties of a car accident can affect your mental health and cause you undue emotional distress. While filing your personal injury case, you may be wondering, “Can I sue for emotional distress?” Depending on your situation, you may be able to add it to your claim.

Can I Sue for Emotional Distress?

Emotional distress is valid to be filed in your personal injury claim because it’s part of your pain and suffering. There are several types of emotional distress that you can include, such as:

• Major depression
• Fear and anxiety
• Differences in behavior after a head injury
• Loss of interest in career or hobbies
• Chronic pain
• Disability-related stress, such as humiliation or distress
• Loss of sleep
• Post-traumatic stress disorder

Before including any of these conditions in your claim, it’s important to ensure that they developed only after your injury. If your personal injury case is causing you any sort of mental anguish, it too is considered emotional distress.

Compensation for Emotional Distress

Your compensation for emotional distress will be a portion of your benefits, and the amount depends on the severity of your distress. Your mental health affects nearly every aspect of your well-being and can severely prolong your recovery time. The more damage caused by your emotional distress, the greater your compensation will be.

Compensation can be calculated either by per diem, which assigns a certain amount of emotional distress per day, or by multiplier, which takes the sum of the damages and multiplies it by a certain degree of severity. The multiplier method is the most common way to determine what you’re owed.

Rely on Missouri’s Trusted Personal Injury Lawyers

Missouri does not have a limit to the amount of emotional distress compensation you can receive, meaning your sum is dependent on your case. However, your odds of receiving a successful and healthy amount of compensation increase significantly by having a personal injury attorney by your side.

If you’re filing an emotional distress claim for your personal injury accident, rely on the lawyers at Lanzotti & Rau to help argue your case and get you the benefits you deserve. To learn more about our legal services and schedule a free consultation, call us today at 573-335-9300.