Skip to main content

Have you been affected by Hurricane Helene or Milton? GET ASSISTANCE WITH YOUR HURRICANE INSURANCE CLAIMS NOW! Click Here!

Personal injury accidents can be overwhelming, especially when they lead to mental and emotional distress. If you have suffered psychological harm on top of physical injuries, you may be entitled to damages for mental distress. 

Because mental distress can arise from a variety of accidents and injuries, the type of personal injury lawsuit for mental distress you file may vary depending on the cause of your injuries, the severity of your psychological harm, and the state laws where the accident occurred. 

At The Morgan Law Group, our personal injury attorneys understand the wide-ranging effects of an accident on a victim’s life and are dedicated to helping seriously injured individuals secure proper compensation. As part of our guide for personal injury cases, we discuss here when you can bring a personal injury lawsuit for mental distress, how to prove it, and what to expect in terms of compensation.

Mental Distress Damages in a Personal Injury Case

Mental distress damages refer to compensation a victim can seek when they suffer mental distress arising out of a personal injury accident. In many personal injury cases, damages for mental distress are considered “noneconomic damages,” meaning they are not as easy to calculate as medical bills or lost wages. 

Instead, they address emotional harm such as:

  • Anxiety, depression, or persistent mood swings
  • Post-traumatic stress disorder (PTSD)
  • Sleep disturbances, nightmares, or insomnia
  • Ongoing fear or phobias triggered by the accident
  • General emotional suffering or psychological anguish

These psychological consequences can be every bit as debilitating as physical injuries. The law recognizes that injured victims often endure more than just physical harm, and personal injury attorneys play a significant role in helping plaintiffs quantify and pursue these less tangible losses.

How Can a Personal Injury Inflict Mental Distress?

Personal injury accidents that lead to serious physical harm can also inflict significant emotional and mental damage. While every individual responds differently to traumatic experiences, the following accidents commonly trigger substantial mental and emotional distress:

  • Car Accidents: High-speed collisions or severe pile-ups can lead to deep-seated anxiety, flashbacks, and fear of driving. Victims may also develop PTSD, which affects their daily routines.
  • Truck Accidents: Collisions with large commercial vehicles can result in life-altering or catastrophic injuries. The traumatic nature of these incidents often leaves survivors with emotional scars and psychological issues that linger for years.
  • Motorcycle Accidents: Motorcyclists frequently suffer catastrophic injuries from crashes. Mental distress can stem from the traumatic event itself or from adapting to new physical limitations afterward.
  • Slip-and-Falls: While slip-and-fall cases might appear less dramatic, they can still result in serious injuries like traumatic brain injuries (TBIs). A victim may experience anxiety or depression stemming from mobility challenges or chronic pain.
  • Workplace Accidents: Dangerous working environments or sudden accidents in factories, warehouses, or construction sites can lead to a profound sense of vulnerability, fear, or hopelessness following physical harm.
  • Medical Malpractice: When a trusted healthcare professional’s negligence causes a patient significant harm, feelings of betrayal, anxiety over one’s health, and deep emotional turmoil can lead to a valid personal injury lawsuit for mental distress.

In each case, the mental and emotional distress that follows these events can be every bit as debilitating as physical injuries. Victims may withdraw from relationships, struggle to maintain employment, or develop phobias that disrupt their daily lives. When these mental and emotional harms are directly connected to a negligent party’s actions or omissions, they can form the basis of a claim for damages for mental distress.

How Can You Prove Mental Distress in Your Personal Injury Case?

Proving mental distress after an accident requires a careful approach that includes professional documentation, expert testimony, and consistent evidence of your mental and emotional suffering. 

While each state may have variations in how mental distress is assessed, some common methods to establish your claim for mental distress include:

  • Medical Records and Treatment History: If you sought therapy, counseling, or psychiatric treatment, keep records of your appointments, prescribed medications, and the professional’s diagnosis. Detailed notes from mental health providers can help validate your claim for mental distress.
  • Expert Witness Testimony: A psychologist or psychiatrist’s testimony can provide a clinical perspective on your condition. They can explain how the accident triggered or exacerbated certain mental health symptoms, such as anxiety or depression, and why these issues are likely to continue.
  • Journal of Emotional Struggles: Maintaining a daily journal of your emotional highs and lows, panic attacks, fear, nightmares, or other symptoms of psychological harm can serve as compelling evidence in court.
  • Statements from Friends, Family, or Colleagues: Loved ones or close associates may note changes in your mood, behavior, or personality since the accident. Their statements can help establish a connection between the incident and your emotional difficulties.
  • Documentation of Impact on Daily Life: Evidence that you lost your job or had to quit certain activities due to persistent anxiety or depression helps demonstrate the extent of your mental and emotional distress. This type of practical, real-world evidence can be persuasive.
  • Consistency in Your Claim: Throughout your personal injury lawsuit for mental distress, it is crucial that you remain consistent in describing your symptoms and challenges. Sudden or unexplained discrepancies can harm your credibility.

Because mental distress isn’t an apparent injury, collecting comprehensive documentation and testimony is often more challenging than demonstrating physical harm. An experienced personal injury attorney can assist you in gathering the right evidence, securing expert witnesses, and building a clear narrative around the psychological toll your accident has had on your life.

How Much Can You Get When Recovering Damages for Mental Distress?

The value of damages for mental distress varies widely depending on the severity of your psychological injuries, available evidence, and the state’s legal framework. 

The question of “How much can you get?” also depends on whether any state cap on noneconomic damages applies. Since mental and emotional distress is generally categorized under noneconomic losses, your recovery may be subject to such caps in certain jurisdictions.

  • Florida: No cap on noneconomic damages in most personal injury claims.
  • Louisiana: No cap on noneconomic damages in standard personal injury actions, though medical malpractice cases typically have a $500,000 cap.
  • North Carolina: Generally has no cap on noneconomic damages for personal injury (except for medical malpractice).
  • Colorado: Colorado imposes a noneconomic damages cap of $1.5 million, which includes damages for mental and emotional distress.

Given that the legal landscape for mental distress damages frequently evolves, it is critical to work with a personal injury law firm that stays abreast of the most recent changes. If you live in any of these states, or were injured while traveling or working in them, consider discussing your case with our qualified personal injury attorney to fully understand the potential value of your claim.

How Can Fault System Affect Your Mental Distress Damages?

In many states, liability in personal injury cases is governed by comparative fault laws. This means if you share some percentage of fault for the accident, the amount of your compensation – whether for physical injuries or mental distress – could be reduced proportionally. 

The exact approach to comparative fault varies by state:

  • Pure Comparative Fault: Louisiana and Mississippi allow recovery of damages even if the plaintiff is up to 99% at fault. Your award, however, is reduced by your percentage of fault.
  • Modified Comparative Fault: Some states (including Colorado, Florida, Tennessee, and Texas) have a threshold (often 50% or 51%). If you exceed that threshold, you may be barred from recovering damages altogether.
  • Contributory Fault: Unlike the above mentioned states, North Carolina follows a contributory fault system – any plaintiff who shares fault, even at 1%, is barred from claiming any compensation for personal injury.

Because establishing liability is vital in personal injury lawsuits, having an attorney who can demonstrate the other party’s fault and defend against allegations of your own fault is crucial. Even if you share some blame or allegedly share fault (in states like North Carolina), a strong argument can help protect your right to recover damages for mental distress.

A Personal Injury Attorney Can Assess Your Mental Distress Claim

When physical injuries in an accident lead to mental and emotional distress, it’s imperative to understand that you have legal rights. A skilled personal injury attorney can walk you through the necessary steps to prove the severity of your mental distress and secure the compensation you deserve.

At The Morgan Law Group, we take pride in representing seriously injured individuals in Colorado, Florida, Louisiana, Mississippi, North Carolina, Tennessee, and Texas – serving clients nationwide. Our firm’s notable results demonstrate our commitment to helping victims achieve justice. Learn more about our attorneys and what our clients who’ve received assistance say about us. 

Call us today at (800) 551-0554 or fill out our online form to schedule your free case evaluation.

Call us (800) 551-0554