Understanding Emotional Distress Damages

After an accident, you can expect injuries and medical bills, but what you might not anticipate is the emotional toll it can take on you. Anxiety, sleeplessness, panic while driving, fear of leaving the house, and mood changes can all be issues you may struggle with in the weeks or months after your accident.

Emotional distress damages help cover the hidden cost of these psychological setbacks. In Ohio injury claims, the law recognizes the mental component of your damages, and in some cases, you may be able to receive compensation.

Key Takeaways

• Emotional distress damages cover the mental and emotional consequences of an accident, like anxiety, PTSD-like symptoms, sleep problems, and depression.
• These damages are generally part of an Ohio personal injury claim, and being prepared can tip the scales in your favor.
• In rare circumstances, Ohio allows emotional distress claims with no physical injury, but there is a two-year time limit to make a claim.

What Are Emotional Distress Damages?

In the simplest terms, emotional distress damages compensate you for the emotional and psychological impact of an injury. Emotional distress damages are usually “noneconomic,” unlike medical bills or lost wages, which are measurable by a dollar amount.

Ohio law recognizes “mental anguish” and other similar intangible losses as a measure of non-economic damages in certain tort claims.

When Do Emotional Distress Damages Apply in Ohio Injury Cases?

In many personal injury cases, emotional damages are part of the damages awarded. A serious accident, fall, or traumatic dog bite can do more than injure the area that needs to heal. It can impact your daily life.

Emotional distress damages are common in:

• Catastrophic injuries
• Car and truck accidents with a high degree of fear, shock, or sense of loss of control
• Injuries that leave you permanently altered in terms of appearance, mobility, or independence

In Ohio, emotional distress damages help compensate for the fact that your injury has left a lasting negative impact on nearly all aspects of your daily life. This consideration is one reason why catastrophic injury cases work differently from other lawsuits.

What Does Emotional Distress Look Like in Real Life?

Many people downplay emotional symptoms because they “feel” different than a broken bone or pain after a surgery. But emotional distress can be very disruptive, especially when it lingers for more than a few weeks.

Emotional distress may include:

• Anxiety, panic attacks, or lingering feelings of fear
• Depression, sadness, or changes in mood
• PTSD type symptoms (flashbacks or hypervigilance)
• Sleep disturbance or nightmares
• Loss of interest in life and withdrawal from others

If you are having any of these problems, there’s a good chance you’d benefit from counseling, medication, or treatment. Getting that help isn’t just vital for recovering from emotional distress; the documentation can become important evidence in court.

If your family is dealing with an unexpected loss and you would like to know what types of damages may be recoverable, you can speak with a wrongful death attorney in Ohio for an explanation of how the Ohio wrongful death statute works.

How Do You Prove Emotional Distress Damages?

A major hurdle in emotional distress damages is proof. You want to show that your emotional pain is real and it’s significant.

An emotional distress claim usually includes:

• Injury-related medical records (event, treatment history)
• Mental health records (therapy, counseling, diagnoses, prescribed meds)
• Primary care records (mentions of anxiety, sleep issues, depression, stress)
• Personal records (log symptoms, sleep issues, panic episodes, and limitations)
• Witness statements (family, friends, co-workers observed changes)
• Work/school records (missed days, drop in work/performance, accommodations)

Something to keep in mind is that the more your emotional distress affects your daily life, the easier it is to document in detail the types and amounts of support you need.

How Are Emotional Distress Damages Calculated in Ohio?

There isn’t a simple calculator for emotional distress damages, but factors such as severity, duration, and real-world consequences can influence the value of compensable damages.

Factors that influence emotional distress damage value:

• The length and severity of emotional distress you’re experiencing
• Whether you require treatment to recover from your emotional distress
• The extent to which your ability to live your life is impacted by emotional distress (e.g., impacts to your work, personal life, and ability to carry out everyday tasks)
• The degree of disfigurement or permanent disability caused by injury (if applicable)

It’s also important to note that Ohio limits non-economic damages, such as emotional distress and pain and suffering, in many cases. However, there are exceptions for cases involving catastrophic injuries.

Why Timing Matters More Than People Realize

Grappling with a legal deadline is difficult when you’re suffering after an accident, but for many bodily injury claims in Ohio, there is a two-year timeframe to make a claim.

The sooner you start talking to a lawyer, the better preserved your evidence will be for submitting a claim for emotional distress damages, including medical records and witness information.

Ohio Laws You Should Know

Fault can also affect compensation. Ohio uses a modified comparative negligence approach. This means the fault can be shared and the compensation reduced based on your portion of the responsibility.

This law is just one of many reasons why it’s potentially risky to just assume the insurance company will be fair regarding what happened or how the incident should be classified.

What to Expect If You Call YD Legal

When you call YD Legal, we’ll help you take the first step with a conversation about the issues you’ve been dealing with since your accident. We want to understand the whole story of how your injuries have affected your life, and make sure you receive the emotional distress damages you deserve.|

You can also expect our team to guide you based on your best interests. If there isn’t any need to take legal action, we’ll let you know. If there is, we’ll put a plan in place to protect your rights and secure damages for emotional distress, beyond what you need to pay for your medical bills.

Talk to YD Legal About Emotional Distress Damages

If you are experiencing symptoms of anxiety, PTSD, depression, or mental distress after an accident, you may be able to include emotional distress damages as part of your personal injury claim. If you would like to learn more about emotional distress damages and whether they are right for your claim, contact YD Legal for a free consultation.