Understanding Emotional Distress in Personal Injury Claims

When someone suffers a serious injury due to another party’s negligence, the impact often extends beyond physical harm. Emotional distress is a significant yet often overlooked aspect of personal injury claims. In California, victims have the right to seek compensation for the psychological and emotional toll of their injuries. At Countrywide Trial Lawyers, we specialize in helping clients recover the full spectrum of damages, including emotional distress, to ensure they can rebuild their lives after an accident.

What Constitutes Emotional Distress in California Law

Emotional distress refers to the psychological anguish or mental suffering an individual experiences as a result of a traumatic event. Personal injuries can cause immense emotional strain, especially when they disrupt a person’s ability to work, maintain relationships, or enjoy daily activities. 

For example, a car accident victim might develop anxiety or a fear of driving, while someone involved in a catastrophic injury case may experience depression due to the sudden changes in their life circumstances. Emotional distress often goes hand-in-hand with physical injuries, amplifying the overall impact of the incident on the victim’s well-being.

Under California law, emotional distress is classified as a form of non-economic damage. It encompasses the psychological suffering caused by an accident or injury, which may include:

• Anxiety and stress
• Depression
• Post-traumatic stress disorder (PTSD)
• Sleep disturbances
• Fear or phobias
• Loss of enjoyment of life

Emotional distress does not require visible injuries to be compensable. However, the plaintiff must demonstrate a direct link between the negligent act and their psychological harm. 

With Managing Attorney Shawn S. Rokni and his team’s extensive experience, Countrywide Trial Lawyers has successfully navigated complex emotional distress claims for clients across Los Angeles and California. Attorney Rokni has experience working in insurance defense earlier in his career, so he has insider knowledge of the ways that insurance companies strategize to pay out as little as possible. He knows the best ways to make sure you get compensated for the full spectrum of your damages, including your emotional distress. 

Emotional distress falls under the category of economic damages. In personal injury claims, you can generally receive economic and non-economic damages. Economic damages are much more straight forward, covering things like medical bills for physical injuries, lost wages from having to be off work to heal, and physical therapy. 

Non-economic damages, on the other hand, are damages you experience as a result of your personal injury that aren’t as easy to label with a dollar amount. While medical bills and lost wages can easily be calculated from medical billing records and paystubs, non-economic damages are a bit more abstract. Despite this, they are just as important and valuable as economic damages, and you deserve to be paid for everything you suffered. However, in order to receive compensation for non-economic damages, like emotional distress, you will have to prove that you experienced the damage and what its impact has been on your life. 

Proving Non-Economic Damages

Proving emotional distress can be challenging because there is usually a lack of the kind of tangible evidence often associated with physical injuries. Whereas with a physical injury you can provide medical records to show what injuries you sutained, with emotional distress you may need more robust evidence, including but not necessarily limited to just medical records. To build a compelling case, our legal team gathers substantial evidence, such as:

• Medical records from mental health professionals: These records provide essential documentation of the psychological impact of the injury. Diagnoses of anxiety, depression, PTSD, or other conditions serve as concrete proof of emotional distress. In many cases, we collaborate with your treating physician or therapist to ensure accurate and thorough documentation.
• Testimony from psychologists or psychiatrists: Expert opinions from mental health professionals can carry significant weight in a personal injury claim. These professionals can explain the severity of the emotional distress, its causes, and its impact on your daily life. Their testimony helps establish a direct connection between the incident and your psychological suffering.
• Personal journals documenting emotional struggles: Personal accounts can paint a vivid picture of how the injury has affected your life. Journals can reveal day-to-day struggles, such as difficulty sleeping, heightened anxiety, or feelings of hopelessness, which might not be evident in medical records alone. These detailed, firsthand accounts add depth and authenticity to your case. It is always a good idea to keep a journal of any struggles or challenges you face from the day you are injured forward. 
• Testimony from friends, family, or coworkers who witnessed behavioral changes: The people closest to you can provide valuable insight into how your behavior, mood, and interactions have changed since the injury. Their observations can help illustrate the extent of your emotional suffering and the ways it has affected your relationships and quality of life. For example, if you are unable to help your spouse in ways you did before, or do things around the home, and it is causing you depression or other emotional challenges, your family can attest to that. 
• Evidence of impact on daily life, work, or relationships: Emotional distress often manifests in tangible ways, such as an inability to work, withdrawal from social activities, or strain on personal relationships. Employment records, statements from colleagues, or documentation of missed events can demonstrate the far-reaching consequences of emotional distress on your overall well-being.

As a former insurance defense attorney, Shawn S. Rokni understands the tactics insurers use to devalue emotional distress claims. This insider knowledge allows us to counter their strategies and advocate effectively for our clients.

If you are ready to take the next step in pursuing justice, reach out to Countrywide Trial Lawyers today. Let us fight for the compensation you deserve and help you move forward with confidence.

How Emotional Distress Impacts Overall Compensation

Emotional distress can significantly influence the total compensation awarded in a personal injury case. In California, there is no cap on non-economic damages for most personal injury claims, allowing victims to seek fair and full restitution for their suffering. Here are the key ways emotional distress impacts overall compensation:

• Enhanced Value of Non-Economic Damages: Emotional distress is a core component of non-economic damages, which are designed to address the intangible effects of an injury. The severity of the emotional impact often increases the overall settlement or verdict amount. For example, someone experiencing debilitating PTSD after a serious car accident may receive higher compensation than a victim whose emotional distress is less severe.
• Correlation with Physical Injuries: Emotional distress damages are often directly tied to the severity of physical injuries. A person who suffers catastrophic injuries, such as paralysis or traumatic brain injury, is more likely to experience profound psychological suffering. This correlation allows attorneys to emphasize the full scope of the victim’s losses when negotiating with insurers or presenting a case in court.
• Long-Term Impact Considerations: Emotional distress is not always temporary. Chronic conditions such as anxiety, depression, or PTSD can last for years or even a lifetime. Compensation must account for this long-term impact, covering future therapy costs, lost earning potential, and diminished quality of life.
• Influence on Jury Perception: Juries are often moved by the human element of emotional distress cases. Compelling testimony from the victim, mental health professionals, and loved ones can evoke empathy and lead to higher awards. Jurors are more likely to award substantial damages when they understand the profound psychological impact an injury has had on the victim’s life.
• Inclusion in Punitive Damages Calculations: In cases involving egregious negligence or intentional harm, emotional distress may be considered when calculating punitive damages. While these damages are intended to punish the wrongdoer, they can also reflect the extent of the victim’s suffering.

At Countrywide Trial Lawyers, we understand the nuanced ways emotional distress impacts compensation. Our team works tirelessly to present a comprehensive case that highlights not only the financial costs but also the human cost of your injuries. With over $100 million recovered for our clients, we are committed to achieving justice and helping you secure the compensation you deserve.

Case Studies: Emotional Distress Awards

Understanding how emotional distress translates into compensation can be best illustrated through real-world examples. Below are some fictional examples of cases that are realistic in nature where victims successfully recovered damages for their emotional suffering:

• Case 1: PTSD Following a Severe Car Accident A 35-year-old woman was involved in a catastrophic car accident caused by a drunk driver. While her physical injuries included multiple fractures, it was her psychological trauma that had the most lasting impact. She developed severe PTSD, which prevented her from driving or even riding in a car. Through expert testimony from her psychiatrist and detailed accounts from her family, her attorneys demonstrated the profound effect the trauma had on her life. The jury awarded her over $500,000 in non-economic damages for her emotional distress.
• Case 2: Anxiety and Depression After a Workplace Injury A construction worker sustained life-altering injuries when faulty equipment malfunctioned. Beyond his physical injuries, he experienced anxiety and depression stemming from the loss of his career and his inability to provide for his family. His legal team successfully argued that his employer’s negligence not only caused his physical injuries but also led to his emotional suffering. He received $450,000 in non-economic damages, in addition to compensation for medical expenses and lost wages.
• Case 3: Emotional Distress in a Wrongful Death Case The family of a pedestrian who was fatally struck by a speeding vehicle pursued a wrongful death claim. While the case focused on the family’s financial losses, their attorneys emphasized the emotional toll the tragedy had taken on them. The jury awarded one million in emotional distress damages to the victim’s spouse and children, recognizing the profound grief and psychological suffering they endured.
• Case 4: Chronic Pain and Emotional Distress After a Slip-and-Fall Accident A retail store customer suffered a severe back injury after slipping on a wet floor that had no warning signs. The injury resulted in chronic pain and significant emotional distress, including depression and social withdrawal. Her legal team presented evidence of the store’s negligence and detailed how her emotional suffering impacted her daily life. She was awarded $500,000 in non-economic damages.

These fictitious example cases highlight the importance of skilled legal representation in securing compensation for emotional distress. At Countrywide Trial Lawyers, we understand how to build compelling cases that address the full scope of our clients’ suffering. Let us put our expertise to work for you.

How Personal Injury Lawyers Get Paid For Their Services

In personal injury cases, most lawyers work on a contingency fee basis. This means that instead of charging an hourly rate or requiring upfront payment, the lawyer only gets paid if the client wins the case or reaches a settlement. Typically, the lawyer's fee is a percentage of the total amount awarded to the client, usually ranging from 25% to 40%, depending on the complexity of the case and the agreement made with the client. If the case is unsuccessful, the client does not owe any legal fees. 

This payment structure allows individuals who might not otherwise afford legal representation to pursue justice for their injuries. It also aligns the lawyer’s interests with the client’s—both benefit when the case is successful, encouraging the lawyer to work diligently to secure the best possible outcome. The arrangement ensures that clients can access quality legal help without financial barriers.

Contact Countrywide Trial Lawyers for Compassionate Legal Representation

If you or a loved one has suffered emotional distress due to an injury, Countrywide Trial Lawyers is here to help. Our experienced legal team is dedicated to securing the compensation you deserve for the psychological toll of your injuries. We offer free consultations to evaluate your case and provide you with the guidance you need. With over $100 million recovered for our clients, you can trust us to advocate for your rights with compassion and commitment. Don’t let emotional distress go unaddressed—contact Countrywide Trial Lawyers today and take the first step toward justice.