Car crashes and other accidents cause serious bodily injuries which can keep someone bedridden for weeks. But mental or emotional scars are also significant. Injured victims can receive compensation for emotional distress, but they need to document their suffering fully, otherwise an insurer will not take the claim seriously.
Ball, Kirk & Holm, P.C., is an established law firm which has established a reputation for aggressive advocacy on behalf of accident victims. Contact us to speak with a Waterloo personal injury lawyer about your accident and the emotional aftershocks. We can help submit an insurance claim or file a personal injury case on your behalf for compensation. Below, we highlight ways to document your emotional distress. Reach out to our office if you have questions or need assistance. We can travel to meet with clients around the state, where circumstances warrant.
When Can You Receive Compensation for Emotional Distress?
The most common situation involves someone who suffers significant bodily injuries in any type of accident. For example, many of our clients struggle with concussions after a slip and fall or motor vehicle crash. Others deal with broken bones, burns, and back injuries.
Under Iowa personal injury law, you can request compensation for economic losses, like medical bills, but also for mental or emotional distress. This distress can take the form of irritability, depression, or anxiety. Even mental health conditions such as post-traumatic stress disorder are covered.
Calculating the Value of Emotional Distress
How much is your distress worth? There is no standard way to calculate the value of emotional pain. When we negotiate compensation for medical bills, we have the bills at hand. But there is no similar market value for depression or anxiety.
Typically, we rely on other cases where people with similar bodily injuries negotiated a settlement. We can see how much they received and argue for a similar amount.
There are some limitations on what you can receive, which we must mention. For example, the defendant might not have unlimited resources. Even if you are struggling with PTSD for years, you might not receive as much compensation as you deserve solely because the defendant does not have the funds.
Let us discuss your injuries and their impact on your life. Our firm can meet for a free consultation.
Emotional Distress vs. Pain and Suffering
“Pain and suffering” is a legal term encompassing all sorts of non-economic losses, such as bodily pain and the loss of enjoyment of life. Some lawyers think emotional distress is also a component of pain and suffering. Other lawyers consider emotional distress as a separate category of damages.
We often use “pain and suffering” interchangeably with emotional distress. But it is helpful to think of them separately. You need to document more than the physical pain you experience; you also must document the mental distress.
Documenting Your Emotional Distress
One hurdle is proving to the insurance adjusters that your emotional distress is real. That is a tall hurdle. With bodily injuries like fractures, you can present an X-ray which shows the injury in black and white. But there is not visible proof of emotional injuries, so some claims adjusters will be skeptical.
Our lawyers know how to present a demand for compensation for emotional distress. Some helpful evidence includes the following:
1. Daily Journal
You can write down every day how you are feeling emotionally. Do not exaggerate, but write whether you are feeling depressed or anxious. Could you sleep at night, or were you awake all night thinking about the accident? Do you fight more with your spouse because of irritability? These are some things to put down in a journal.
2. Medication
Many accident victims are medicated for depression or anxiety. You can share your prescription information with your legal team. We can use this to show your emotional distress is real.
3. Doctor’s Notes or Testimony
Your medical team can also testify to your distress. For example, you might meet with a behavioral therapist to treat post-traumatic stress disorder. This person might testify on your behalf or provide a written affidavit testifying to your struggles.
We realize medical information is confidential. But if you hope to receive compensation, you will need to open the door to discussing your mental and physical struggles.
4. Family Testimony
Those who know you best can testify to your mental state. They can help us understand how your personality has changed since the accident. Your lawyer can talk with them to see if they are willing to provide a written statement or, if your case goes to trial, to testify on your behalf in open court.
5. Medical Records
Sometimes emotional distress can manifest physical symptoms, such as anxiety leading to an ulcer or weight loss. We can introduce medical records to support your claim.
Testifying About Your Mental Distress
Some accident victims are nervous about discussing their mental anguish. Perhaps they feel stigma about admitting they are struggling with depression or PTSD. We can discuss techniques to get more comfortable talking about mental health.
One advantage of settling a claim is avoiding any need to testify in court. Let us get to work on your case and see if a settlement is realistic. This is a good way to receive fair compensation quickly.
Contact a Waterloo Personal Injury Lawyer
The lawyers at Ball, Kirk & Holm, P.C. care about the entire client. We know that accidents do more than cause physical pain and disabilities. Many people are dealing with difficult emotions following an accident. The person responsible for your injuries should fully compensate you, which means paying some money for mental anguish.
Call our office to discuss whether you can bring a claim for a car accident, slip and fall, or a different incident. Based in Waterloo and Iowa City, we are always available for our clients 24/7. We have decades of combined experience in accident cases, and we can handle your case from day one all the way to a settlement. Our consultations are free.