Emotional Distress Damages in a Personal Injury Case Explained

In Pennsylvania, when you’re injured in an accident, you may have the right to file a personal injury claim or lawsuit seeking compensation for medical bills, lost wages, and other such damages.

It’s also important to account for your emotional distress when filing a claim or lawsuit. Emotional distress damages can compensate you for the psychological toll of a traumatic event.

At Munley Law, serving the area since 1959, we’ll fight for emotional distress compensation when it’s available. Contact our Pennsylvania personal injury lawyers today to learn more about your case.

What Qualifies as Emotional Distress in Pennsylvania Law?

Emotional distress can take many forms in a personal injury case. There is no strict legal definition for emotional distress in Pennsylvania, as what qualifies as emotional distress can vary on a case-by-case basis. Generally, emotional distress consists of the mental trauma or psychological symptoms someone might experience in the aftermath of an accident.

The following are common examples of specific recognized types of emotional injuries. Someone experiencing any of these may have grounds to recover emotional distress damages in Pennsylvania:

• Pain and suffering
• Loss of enjoyment of life
• General mental anguish

Certain types of medical conditions may also qualify as forms of emotional distress. It may even be easier to prove emotional distress when a victim has a documented condition like:

• Post-traumatic stress disorder (PTSD) or similar conditions that one may develop in response to trauma
• Depression
• Anxiety

Those are just examples. Suffering from emotional trauma after an accident? Contact Munley Law for a free consultation.

Two Types of Emotional Distress Claims

Pennsylvania law specifically recognizes the following two types of emotional distress claims:

• Negligent infliction of emotional distress
• Intentional infliction of emotional distress

Negligent Infliction of Emotional Distress (NIED)

NIED  occurs when someone carelessly behaves in a way that can cause emotional distress. In the past, someone needed to prove a physical injury to justify a NIED claim or lawsuit. That’s no longer the case.

Pennsylvania courts have since ruled that victims can sue for emotional distress if they were in the “zone of danger” during a traumatic event. Even if they didn’t sustain injuries, they may have experienced emotional harm due to the fear of being injured.

Sometimes, victims can also file NIED claims under the theory of “bystander liability.” This means that even if they were not injured and were not in the zone of danger, they could file a claim for emotional distress if they witnessed a loved one being harmed. In addition, someone may file an NIED claim if someone with whom they have a “special relationship” (like a doctor or employer) negligently caused emotional distress.

Intentional Infliction of Emotional Distress (IIED)

IIED is different. It involves “intentional outrageous or extreme conduct by the defendants, which causes severe emotional distress to the plaintiff.

The correct method for proving one type of emotional distress isn’t necessarily ideal for the other. For example, it’s often necessary to coordinate with mental health professionals to prove severe emotional distress in an IIED case. Doing so may not be necessary for a NIED claim.

Not sure which type of claim you have? Let our experienced attorneys evaluate your case.

Proving Emotional Distress in Your Personal Injury Case

Building a strong emotional distress claim requires specific evidence that shows the full impact of your suffering. At Munley Law, we help you gather and present powerful evidence that demonstrates how deeply your emotional trauma has affected your life.

Medical documentation forms the foundation of your emotional distress claim and can include:

• Mental health treatment records and bills
• Clinical diagnoses of conditions like anxiety, depression, or PTSD
• Ongoing therapy notes showing your progress and setbacks
• Prescriptions and medication records related to your mental health
• Documentation of physical symptoms caused by emotional distress, such as insomnia or panic attacks

Personal evidence illustrates your daily struggles. We encourage clients to maintain the following:

• Daily journals documenting emotional challenges and triggers
• Video or audio recordings of difficult moments
• Text messages or emails to friends and family about your mental state
• Social media posts that show changes in your lifestyle or mood
• Before-and-after evidence showing how the injury affected your daily activities

Expert testimony adds professional validation to your suffering. Through our 65 years of serving Pennsylvania injury victims, we’ve built relationships with:

• Mental health professionals who can explain your diagnosis
• Medical experts who can link your emotional distress to the accident
• Occupational specialists who can document how emotional trauma affects your work
• Life care planners who can project future treatment needs
• Family counselors who can testify about changes in family dynamics

Our experienced attorneys combine these different types of evidence to create a clear picture of your emotional distress damages. We work closely with you to ensure every aspect of your suffering is documented and valued in your compensation claim.

That’s just one way we can help gather evidence to support your emotional distress claim. Contact us today.

Calculating Emotional Distress Damages

Factors that can affect emotional distress compensation include:

• The impact of the emotional distress on a victim’s life
• Whether emotional distress has resulted in medical bills, lost wages, etc.
• Whether emotional distress accompanies physical injury

Emotional distress may be calculated by assigning a dollar value to your emotional distress and multiplying it by the number of days you experienced said emotional distress. Or, an insurance company may assign a value between 1.5 and 5 to your emotional distress and multiply it by your economic damages.

We understand how insurance companies may try to undervalue emotional distress. Get a proper valuation of your emotional distress claim. Schedule your free consultation.

How Different Accidents Impact Emotional Distress Claims

The type of accident someone is in can influence how much compensation they may recover for emotional distress in Pennsylvania. Consider these examples:

• Car accidents: Under Pennsylvania’s unique auto insurance laws, drivers in this state may opt for personal injury protection (PIP) coverage, but they don’t have to. PIP coverage allows a motorist to seek compensation for medical bills and related losses by filing a claim with their own insurance, regardless of who caused an accident. However, PIP coverage doesn’t typically cover emotional distress. A victim will have to file another claim or lawsuit for emotional harm.
• Workplace injuries: Workers’ compensation doesn’t cover emotional distress. An injured worker may sue for emotional distress compensation if a negligent third party caused their injuries.
• Medical malpractice: Some states “cap” the amount of emotional distress compensation victims can receive in medical malpractice cases. Pennsylvania is an exception.
• Wrongful death cases: Similarly, Pennsylvania’s wrongful death law doesn’t limit how much compensation surviving loved ones can receive for emotional harm.

We have experience handling all these types of cases, including other types where emotional suffering may be common. Examples include nursing home abuse cases, truck accidents, pedestrian accidents, and more. Our experience allows us to thoroughly understand how emotional distress may play a role in the compensation you receive.

Every case is unique. Let our team evaluate the specific details of your situation.

The Role of Medical Evidence in Emotional Distress Claims

Medical evidence plays a critical role in an emotional distress claim. Even though these injuries are intangible when compared to broken bones and other physical injuries, they can still result in medical needs. Documenting these medical needs (and the treatment a victim receives) is key to building a strong case. Consider the following points:

• Mental health treatment records: This form of evidence establishes a victim has developed a genuine mental health condition as a result of emotional distress and undergone treatment accordingly. It can also help when assigning a dollar value to emotional distress, as medical bills will document the financial losses resulting from emotional suffering.
• Physical manifestations: Physical manifestations of emotional harm (such as body pains, headaches, cardiovascular issues, etc.) further illustrate that such injuries are “real.” The severity of these symptoms could limit a victim’s quality of life and may even interfere with their ability to do their job.
• Healthcare provider testimony: A healthcare provider’s testimony can explain in simple terms how emotional harm affects a victim’s life. Such testimony may be particularly valuable if a case goes to trial. A therapist or other such professional could explain the nature of emotional distress in a way a jury can understand and appreciate.

Need help documenting your emotional distress? Our attorneys can guide you.

Pennsylvania’s Statute of Limitations for Emotional Distress Claims

You typically have two years from the date you were injured to file a personal injury lawsuit in Pennsylvania. Because a personal injury lawsuit is usually the means by which you would receive emotional distress damages, that essentially means you have two years to file an emotional distress lawsuit.

However, there are exceptions. For example, per the “discovery rule,” if an injury initially went undetected, a victim may have two years from the time they learned of (or should have learned of) the injury to file a lawsuit. This rule might apply if you didn’t immediately realize you were struggling with emotional distress after an accident. Additionally, in some cases involving injuries to minors, the “clock” on the statute of limitations may not start running down until a victim becomes an adult.

Filing a lawsuit by the deadline is critical. You’ll lose your right to compensation if you file late.

Don’t wait until it’s too late. Contact Munley Law now to protect your rights.

Why You Need an Experienced Personal Injury Attorney at Munley Law

We Understand Emotional Distress Claim

Having an experienced attorney from Munley Law can transform your emotional distress claim. Our attorneys understand how deeply personal injury accidents affect your mental well-being and know how to document the psychological impact of your injuries effectively. We meticulously gather compelling evidence, including medical records, expert testimony, and documentation of your ongoing mental health challenges.

Prove Your Emotional Suffering

Our legal team helps you prove emotional distress in Pennsylvania courts, using our years of experience to build a strong case. We know that emotional suffering can be just as devastating as physical injuries, and we fight to ensure your trauma is fully recognized in your compensation claim. At Munley Law, we have a proven track record of successfully representing clients with emotional distress claims securing settlements and verdicts that account for physical and psychological damages.

Provide Personal Support Throughout Your Case

Most importantly, we take a personalized approach to each case, understanding that every client’s emotional experience is unique. Our attorneys maintain clear communication throughout your case, ensuring you understand each step and feel supported during this challenging time. With Munley Law’s extensive experience in personal injury law and deep understanding of emotional distress claims, we can help you pursue the full compensation you deserve for your physical and emotional suffering.