In Indiana, after you’ve suffered personal injury in an accident, you’re likely to seek medical attention and treatment. However, you may feel that it’s quicker to either dismiss the emotional trauma you’ve endured or just deal with it on your own.
Nevertheless, any accident can create significant damage to your psyche, and you may need support while navigating through the aftermath of your initial injuries.
Car accidents, slip and falls, and workplace accidents — regardless of how severe or minor — are scary, shocking events. Two tons of metal screeching toward you, a dramatic fall, or equipment failure can all leave an indelible emotional mark.
Emotional trauma can be an overlooked aspect of personal injury. However, when it is suffered at the fault of another, like all types of personal injury it deserves compensation.
Let’s take a look at the following questions and how they can impact the compensation you might receive for your emotional trauma:
- Legally, what is considered emotional trauma?
- How can emotional trauma impact your overall health?
- How can you file an insurance claim for the psychological impact of your accident?
- How can a personal injury lawyer help?
The legal definition of emotional trauma
In legal terms, emotional trauma (better known as emotional distress) refers to the emotional or mental suffering experienced as a result of personal injury. Although emotional distress is often linked to life-changing physical injuries, it can be experienced on its own as well.
Emotional trauma can lead to many symptoms including:
- Anxiety — Memories of your accident may cause you to feel panic and experience physical symptoms such as dizziness, nausea, and sweaty palms.
- Depression — Your accident may zap your enjoyment of life, cause numbness or overwhelming sadness, and may greatly impair your ability to perform daily activities.
- Memory Loss — The trauma you’ve endured may cause short- or long-term memory loss. Although memory loss is often a symptom of a physical traumatic brain injury (TBI), it can occur as a result of emotional distress too. Suppose you must deal with a physical traumatic brain injury (TBI) lawsuit in Merrillville. In this case, the emotional trauma aspect becomes significantly important. The psychological impact of a TBI can be profound, affecting not only memory but also emotional and behavioral aspects. In such lawsuits, your attorney will consider both the physical and emotional damages, ensuring a comprehensive representation of the victim’s total experience and suffering.
- Post Traumatic Stress Disorder (PTSD) — You may feel like you’re reliving the suffering you endured in your accident and find that subtle triggers put you into a physical and emotional tailspin. PTSD can prevent you from fully healing and the ability to live your life.
- Physical Illness — Emotional trauma can even lead to stress and persistent physical ailments such as heart disease, high blood pressure, and obesity. The National Institutes of Health (NIH) explains that stress can cause a variety of life-threatening illnesses, and the physical impact of emotional trauma can vary from person to person.
It’s important to remember that if you feel adverse, emotional symptoms as a result of your accident, you may be entitled to compensation. Your trauma may impact you differently than others who may have suffered in similar circumstances — this doesn’t invalidate your struggles.
How a personal injury lawyer can help
Emotional trauma is hard to prove, yet it can be a valid and significant result of any type of accident. You don’t need the added stress of navigating through the legal system or dealing with reluctant insurance companies on your own. A personal injury lawyer can explore the merits of your case and support you in your claim.
A personal injury lawyer can help you:
- File Legal Paperwork — Take charge of any necessary paperwork and ensure it’s filed by mandated deadlines.
- Gather Evidence — Collect evidence that proves your emotional distress, including documentation from medical professionals and any work time you’ve lost as a result of your mental anguish.
- Obtain Witness Testimony — A personal injury lawyer can contact expert witnesses and call on your loved ones or co-workers who can testify to the emotional transformation and struggles you’ve endured since your accident.
- Negotiate on Your Behalf — If an insurance company is willing to enter into negotiations with you, a personal injury lawyer can represent you in meetings and calculate the amount of the settlement you seek.
- Fight for You in Court — If you can’t come to a settlement agreement with the at-fault party and your case goes to court, the right personal injury lawyer will fight for the justice you deserve.
When to file an emotional distress claim
Emotional trauma falls under the larger personal injury umbrella of pain and suffering. Thus, it’s considered a non-economic damage: This means that emotional distress settlements aren’t based on quantifiable, flat economic costs, but are up to the discretion of the insurance company or the courts.
Although some insurance companies do include emotional distress in their policy coverage, many emotional trauma claims are filed as lawsuits. So when should you include emotional distress in your insurance claim, and when should you file suit?
Including emotional distress in your insurance claim
Most insurance companies and coverage policies (including those in Indiana) have a time window in which you need to file a personal injury claim. However, the traumatic impact of emotional distress may take awhile to make its presence known. Make sure you check with the policyholder’s insurer in order to file your claim on time.
If you feel as though your emotional health may have been adversely impacted by your accident, it’s important to quickly seek psychological attention. Although a psychological professional may not be able to give you an immediate diagnosis, they can provide documentation to prove you’ve sought treatment.
Indiana Statute of Limitations
In Indiana, under state law IC § 34-11-2-4, all personal injury lawsuits must be filed within two years from the date of your accident. Exceptions may be made for those who were minors or mentally impaired at the onset of their injuries.
If you choose to file a lawsuit based on the emotional trauma you’ve suffered as the result of another’s negligence, your personal injury lawyer can help you estimate the impact of your emotional injuries on the rest of your life. Thus, a judge or jury may award non-economic damages based on your ongoing pain and suffering.
When you should file a lawsuit
If an insurance company has rejected your emotional distress claim, you may feel like they’re invalidating your trauma. At this point, it may be wise to contact a personal injury lawyer to help guide you through the steps to file a lawsuit and to explore the merits of your case.
Frequently Asked Questions
Can you sue for emotional distress in Indiana?
In Indiana, negligent infliction of emotional distress happens when someone is exposed to a distressing event caused by someone else’s negligence. According to the bystander rule in Indiana, to make a claim, the person must have either witnessed part of the event that caused the injury or arrived at the scene shortly after it occurred.
How do you prove emotional distress damages?
Proving emotional distress damages involves demonstrating the impact of the incident on your mental well-being. This can be done through various means, including providing evidence of therapy or counseling sessions, medical records documenting psychological symptoms, testimony from mental health professionals, and personal accounts detailing the effects of the distress on your daily life and relationships. Additionally, any relevant documentation such as emails, text messages, or journal entries that illustrate the extent of your suffering may also be helpful in supporting your claim.
Who can get emotional distress damages in Indiana?
You can claim emotional distress damages if you’ve experienced negligence in two main situations. First, if you witnessed or arrived at the scene shortly after the death or severe injury of specific relatives, known as the bystander rule. Second, if you suffered emotional distress directly due to someone else’s negligence, such as in a car accident or medical malpractice case. In both cases, you’ll need to provide evidence supporting your claim, which may include witness testimonies, medical records, and documentation of the incident.
Contact Yosha Law
After an accident, emotional trauma can create turmoil in every area of your life. You shouldn’t have to pick up the pieces on your own. You need a personal injury team you can trust to stand in your corner.
At Yosha Law, our clients are members of our extended family, and we care about the individual aspects of each case. We know how tough and disruptive emotional distress can become, and we’re here to help you. We can explore the merits of your claim and help you pursue the compensation you deserve.
Contact us today to set up a consultation and check out our blog for more legal tips and insights.
