Pines Salomon Personal Injury Lawyers | March 31, 2025 | Personal Injury
When you are involved in an accident or injured due to someone else’s negligence, the physical injuries are often the most obvious to address. However, emotional distress can be just as significant. It can play a major role in your personal injury claim. If you’ve experienced emotional distress due to an injury caused by someone else, you may be entitled to compensation for this suffering under California law.
What Is Emotional Distress in a Personal Injury Claim?
Emotional distress refers to the mental or emotional suffering a person experiences as a result of an accident or injury. It can manifest as anxiety, depression, fear, embarrassment, anger, or other psychological conditions. These conditions can affect a person’s ability to function or enjoy life.
While physical injuries can often be easily measured with medical records, emotional distress is more difficult to quantify. However, California law allows victims of personal injury accidents to pursue compensation for emotional distress. These claims can be pursued if the victim can demonstrate how the injury has impacted their mental well-being.
Types of Emotional Distress in Personal Injury Cases
In California, emotional distress can include a range of psychological and emotional injuries, such as:
- Post-Traumatic Stress Disorder (PTSD): Victims of PTSD may experience flashbacks, anxiety, nightmares, and extreme stress, which can severely impact their daily lives and relationships.
- Anxiety and Depression: Being involved in an accident can cause a person to feel anxious about their safety, health, or future. In some cases, this anxiety may evolve into depression, which can have lasting consequences. Emotional distress can be particularly significant if the injuries are permanent or life-altering.
- Loss of Quality of Life: A person who can no longer engage in activities they once enjoyed due to their injury may experience profound emotional distress. The inability to partake in hobbies, sports, or family events can lead to feelings of sadness, isolation, and diminished quality of life.
- Fear and Anger: The trauma of an accident can leave people feeling fearful. They may experience anger toward the responsible party. This is especially true if they feel that negligence or recklessness caused the injury.
How Emotional Distress Can Affect Your Personal Injury Claim
In personal injury cases, emotional distress is often categorized as a type of non-economic damage. Non-economic damages compensate for losses that are not tangible. This includes things like pain and suffering, loss of enjoyment of life, and emotional distress. California law allows victims to recover for emotional distress when it can be proven that the distress directly resulted from the defendant’s actions.
Here are some key ways emotional distress can impact your personal injury claim:
- Additional Compensation: In many personal injury claims, compensation is sought for both physical injuries and emotional distress. Emotional distress damages can significantly increase the overall value of your claim. If you are suffering from anxiety, depression, or PTSD, it’s essential to communicate this to your attorney. This will help establish the full extent of your losses.
- Strengthening Your Case: To recover damages for emotional distress, you must be able to demonstrate that your emotional suffering is linked to the accident and its aftermath. This can be challenging. Emotional injuries do not always show up in medical records. An experienced personal injury lawyer can help by gathering evidence to support your claim.
- Proving the Severity of Emotional Distress: The more severe and lasting your emotional distress, the higher the likelihood of receiving appropriate compensation. For instance, if your emotional distress has led to a long-term inability to return to work or perform daily activities, your claim for emotional damages will be more robust.
Contact a Personal Injury Lawyer of Pines Salomon Injury Lawyers if You’re Experiencing Emotional Distress After an Accident in San Diego, CA, for Help Today
If you have suffered emotional distress due to an accident or injury caused by negligence, you may be eligible for compensation. Luckily, there are experienced California personal injury attorneys committed to helping you seek justice. Contact an experienced personal injury lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today and to learn more about how they can help you recover compensation for your emotional damages.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
