Emotional Distress Lawsuits After an Tennessee Accident or Injury

May 17th, 2021 by Attorney John Colvin

Emotional distress can be a significant aspect of recovery in most types of personal injury cases. If you have sustained an injury in an accident and filed a successful personal injury claim, you may be able to receive compensation for your emotional distress as well as financial recovery for economic losses related to your physical injuries — including lost wages, medical bills, and more.

You can negotiate a personal injury settlement with an insurance company without filing a personal injury claim, and a settlement agreement can include compensation for emotional harm. Emotional distress can vary significantly according to the nature of your injuries and your case.

Proving emotional distress and successfully negotiating a settlement can be challenging, and employing the help of an experienced Tennessee Personal Injury Lawyer can make the process feel significantly less daunting. Contact the Law Offices of John R. Colvin at 931-962-1044 to schedule a free consultation to learn more about your legal rights.

How Can You Prove Emotional Distress?

While pursuing compensation for emotional distress, you will have the burden of proof, which means you are required to prove beyond reasonable doubt that your emotional distress was directly caused by the accident.

Some ways you can prove emotional distress include:

  • Evaluate the ways you have been emotionally affected by that accident. Emotional harm may include anxiety, lack of sleep, depression, crying, humiliation, fear, and more. You may use your personal testimony, testimony from friends and family, or a record of your symptoms to illustrate the accident’s impact on your mental health.
  • Supplement your evidence with other information about the severity of the accident, which may include the severity of the accident and your physical injuries.
  • Include negligent infliction of emotional distress damages when pursuing your compensation claim, as part of the claim that includes injuries sustained and other economic damages. In some circumstances, the emotional harm might be a stand-alone claim.

What Are The Different Forms Of Emotional Harm Claims?

The different types of claims concerned with emotional distress include:

  •   Parasitic emotional distress with bodily injury.
  •   Negligent or intentional infliction of distress.
  •   Part of the loss of consortium claim.
  •   Part of the pain and suffering claim.

Loss of consortium occurs when spouses or family members are no longer able to enjoy the benefit of a relationship with the individual who was involved in the accident. This may include wrongful death of a family member or emotional distress, which can prevent one from enjoying the relationship they had before the incident that caused distress.

Contact a Tennessee Personal Injury Lawyer

The experienced attorneys at the Law Offices of John R. Colvin understand the obstacles present in an emotional distress claim. They work closely with their clients to build a strong case using evidence, develop a successful legal strategy, and negotiate fair compensation.

If you or a loved one sustained emotional distress as a result of an accident, contact the Law Offices of John R. Colvin to learn more about your rights. Schedule a free consultation today.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advise for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Licensed to Practice in Tennessee & Alabama