Proving personal injury in court can be a time-consuming process, requiring various medical and legal records to demonstrate your physical injuries were a result of an accident. While lengthy, it’s typically straightforward to prove your injuries using real, tangible records and receipts. However, proving you were emotionally and mentally damaged because of an accident is much more nuanced  

A Los Angeles personal injury lawyer can help you navigate the legal jargon and strategies used in the courtroom to get you the settlement you deserve.  

What you do in the first few hours to days after an accident is important to document any potential mental and emotional destabilization before you go to court.  

What is Personal Injury? 

Personal Injury refers to a physical, mental, and/or emotional injury you incurred because of an accident caused by negligence. For example, when a reckless driver hits you on your commute and you spend days in the hospital and out of work, you could have a clearcut case for personal injury caused by negligence. Getting compensation for your lost income and medical bills is as easy as submitting your paystubs or invoices. But, how do you put a price on the nights spent reliving the terror of the accident? What about the anxiety you now feel driving on the highway? This is where an experience and compassionate personal injury lawyer in Los Angeles comes in. 

Can I Sue for Mental and Emotional Damages?  

A Los Angeles personal injury attorney can give you a tailored compensation estimate based on your situation. There are two types of emotional distress claims you can file a claim for:  

Negligent Infliction of Emotional Distress (NIED)  

The requirements to classify a NIED claim differ from state to state. In California, you may file a NIED case if you were a direct victim of someone’s actions or a bystander who witnessed a traumatic injury to a close relative. This can include: 

• Defamation 

• Watching a loved one die in an accident 

• Emotional distress from physical injuries 

Intentional Infliction of Emotional Distress (IIED) 

To file an IIED claim, you must prove that the defendant’s conduct was outrageous and caused emotional distress, and that the defendant’s conduct was a key part in your severe emotional distress. Examples of potential IIED claims include: 

• Stalking 

• Abuse 

• Retaliation against a whistleblower 

What are Mental and Emotional Damages? 

Traumatic events can change people’s emotional and mental states. These changes can develop in many ways, including:  

• Mood changes  

• Post-traumatic stress disorder (PTSD) 

• Anxiety and panic disorders 

• Depression 

• Sleep disturbances and nightmares 

• Manifestation of new behavior: addiction, fear of cars/driving, agoraphobia  

How to Prove Damage 

It’s easy to prove physical injuries, thanks to the help of cut-and-dry medical records. To prove emotional distress in California, though, you must prove that the other party’s actions were traumatic enough to cause a drastic change in your emotional state.  

Keep in mind that proving emotional and mental damage comes with a set of unique challenges.  It is not necessary to have a physical injury to sue for emotional and mental damage. 

It’s highly recommended to keep a clear and detailed medical record, a personal journal to document your mental state and symptoms, and character witnesses. This way you and your Los Angeles personal injury attorney can provide a baseline to your health before and after the traumatic injury.  

Why is it Hard to Prove PTSD in Court? 

The difference between proving physical versus emotional and mental damage in court is objective evidence. With an x-ray, it’s easy to prove broken bones; with your eyes, it’s easy to see amputated limbs, bruises, and surgical scars. These are pieces of evidence that cannot be argued against in court.  

However, emotional and mental damage is often invisible and therefore open to doubt. Insufficient documentation can also make it difficult to provide a timeline for your mental and emotional health. It’s easier to downplay these problems in court, and many defendants will do so to avoid paying more. 

The Defense’s Strategy: Past Medical History 

If you’re someone who has always had anxiety or depression or a history of substance abuse, that can be used against you to prove that those issues didn’t stem from an accident. If they can cast doubt on whether the accident caused your turmoil, they may not have to pay. 

How We Counter Doubt 

When Defense refuses to see mental and emotional damage as real, life-changing injury, it becomes even more important to maintain consistent records of your care and character witnesses to identify a point when things may have changed for you. Keeping a detailed medical record can help us create an argument about the causes of any emotional and mental damage you suffer. If additional documentation is needed, we will call on: 

Spoilation Letters 

Spoilation letters, or letters of preservation, allow us to tell the legal parties involved to save certain pieces of evidence. These letters are written to preserve anything and everything that could potentially help your Los Angeles personal attorney make a strong case for you.  

Specialist Letters  

Meeting with a specialist can also help greatly. If meeting with a general practitioner does not help your conditions, having a letter from a specialist who can attest to your condition can go a long way in making your case.  

FAQ 

Can I Sue on the Behalf of a Deceased Relative? 

Yes. If your loved one was fatally injured in an accident, you can sue. You could also sue for your own emotional and mental injuries. This would fall under NIED, so you could potentially have a case. Contact a Los Angeles personal injury attorney for a consultation. 

How Long Do I Have to Sue?  

For a personal injury case, the statute of limitations is two years from the injury or when the injury was discovered. After two years have passed, you could forfeit your right to file a case. Consult a personal injury lawyer to learn more about your case. 

How Much Money Can I Get from an Emotional Distress Suit? 

That money depends on the severity of the trauma, impact on your life, and strength of your evidence and record-keeping. A potential settlement can range from a few thousand dollars to a six-figure payout. 

Will My Insurance Cover Emotional and Mental Injury? 

Yes, if you experienced emotional and mental injury because of a car accident, your settlement could cover your therapy or psychiatry costs. You will need to keep a detailed record of your injuries and medical visits to maximize the amount awarded from your settlement. 

How Will I Know If My Settlement is Fair? 

When calculating a settlement, the parties involved factor in all the damage accumulated because of the accident. This includes car, physical, emotional, and mental damage. Emotional and mental damages are calculated via a specific formula that broadly covers your emotional costs. Ask your LA accident lawyer at Vaziri how we calculate your mental and emotional damages. 

Contact a Lawyer Today 

Our team at Vaziri Law, LLP, has helped clients win over $1 billion in personal injury suits ranging from car and truck accidents to wrongful death and dog bite incidents. If you need a Los Angeles personal injury attorney, visit us today!