If you were injured in a recent accident caused by someone else’s negligence, you may be entitled to compensation for the full extent of your injuries. Aside from physical injuries, personal injury claims consider a variety of other types of injuries and damages. The emotional effects of an accident can be just as damaging to your mental health as the physical ones. That means emotional distress compensation could be recovered in your personal injury claim. You need the help of a qualified Houston personal injury lawyer to pursue the full value of your claim.
Collecting Damages for Emotional Distress
Compared to economic damages, which typically involve measurable expenses such as medical bills and lost wages, emotional distress damages can be more difficult to collect. There are two main categories of emotional distress:
- Negligent infliction of harm. When the person or entity responsible for your injuries took a step or failed to take a step that directly caused your distress. For example, if you witnessed a loved one die in a car accident, you may be able to sue based on negligent infliction.
- Intentional infliction of harm. This is a more serious form of harm, involving egregious or grossly negligent behavior that resulted in your distress. Emotional distress charges are often involved sexual assault civil cases. Your emotional distress becomes compensable if you begin to have panic attacks or show symptoms of PTSD as a result of this type of accident.
Punitive damages may be awarded in some cases of intentional infliction of harm. These are monetary damages intended to punish the defendant for their wrongdoing and deter future wrongdoing. If a pharmaceutical company knowingly encouraged the off-label prescription of a drug it knew was dangerous, a jury might award punitive damages to a victim.
It’s difficult to know when a victim can sue for emotional distress. To recover these damages, your lawyer must prove that your distress was caused by egregious or negligent behavior. While yelling obscenities at an employee may be inappropriate, it may not be considered emotional distress. We always recommend scheduling a free initial consultation with an attorney to help you determine the difference.
What Is the Value of My Emotional Distress Claim?
Potential clients often wonder how much they can recover for their emotional distress. It can be hard to put a monetary value on the suffering you’ve gone through. In general, personal injury lawyers calculate emotional distress general damages using one of two methods:
- The factorial method. Your attorneys will use this method to negotiate with the other party and calculate general damages by multiplying your economic damages by a number between one and five. The majority of the negotiating is spent determining the appropriate factor. In cases of gross negligence or the death of a loved one, a higher factor will be used than in cases of unintentional harm.
- Per diem method. This is less commonly used, but it can be useful in certain situations. Your personal injury lawyers will use this method to multiply a monetary value by the number of days you were in emotional distress. The base number is usually what you earn at work each day since the theory holds that your distress should be at least equal to what you earn at work each day.
Following an accident, you may be able to sue for emotional distress, but you must proceed with caution. Your attorney will determine the value of your emotional distress using one of these established methods and negotiate on your behalf to obtain compensation for the full extent of your suffering. If you suffered emotional distress as a result of an accident caused by negligent or intentional infliction of harm, you may be entitled to compensation. Contact an experienced personal injury firm in Houston to discuss your case.
Houston Personal Injury Lawyers
You shouldn’t pursue a case without the guidance of an experienced attorney. West Loop Law and the Law Office of Nhan Nguyen, MD, JD can conduct an investigation into your accident and assist you in obtaining evidence to demonstrate the extent of your injuries. Your Houston car crash lawyer will set up appointments with claims adjusters and assist you at every level of your case in order to obtain the highest potential settlement amount, including gathering evidence to show that the other driver is responsible.
Nhan Nguyen, MD, JD and Nader Rabie, JD are here to help you make a complete recovery after a severe car accident.
Contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD immediately at (713) 840-7200 to schedule a free, no-obligation consultation if you or a loved one has been unfairly injured in a traffic accident.
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