Yes, emotional distress is considered a personal injury when it either accompanies physical injuries or stands alone with substantial evidence. If you are experiencing emotional difficulties following an accident, it is important to seek legal advice to explore your options for compensation.
At Hotz & Associates, P.C., we are here to help you understand your rights and guide you through securing the compensation you deserve for all aspects of your injuries. If you need assistance or have questions about filing a claim for emotional distress, contact our Knoxville personal injury lawyers for a free case consultation.
Understanding emotional distress within personal injury claims
Emotional distress refers to the psychological impact an injury or accident has on an individual. This can include anxiety, depression, PTSD, and other emotional reactions that affect one’s daily life and overall well-being. Under Tennessee law, emotional distress is recognized as a compensable injury when it is a byproduct of a physical injury or when the distress is significant enough to be classified on its own.
Evidence and documentation
Proving emotional distress can be more challenging than demonstrating physical injuries because it lacks visible symptoms. Documentation from mental health professionals, testimony about changes in lifestyle or behavior, and evidence of therapy or medication can all support a claim of emotional distress.
Compensation for emotional distress
In personal injury cases, compensation for emotional distress is considered part of the non-economic damages. These are awarded for pain and suffering, loss of enjoyment of life, and emotional disturbances resulting from the accident. The aim is to monetarily compensate the injured party for the psychological impacts of their ordeal.
How does Tennessee law treat emotional distress?
Under Tennessee law, emotional distress is acknowledged and can be claimed as part of a personal injury lawsuit if it accompanies a physical injury. The state follows the impact rule, which traditionally required a physical impact to claim emotional distress. However, recent interpretations and adjustments provide that it may still be compensable if the emotional distress is severe enough and can be adequately demonstrated through medical or psychological evidence.
Why consider Hotz & Associates, P.C. for emotional distress cases?
At Hotz & Associates, P.C., we understand the complexities of proving emotional distress within the scope of personal injury claims. Our experienced team is skilled in navigating these challenges and works closely with medical professionals to substantiate the psychological impact of your injury.
We believe in holistic representation, which means we consider your injuries’ physical and emotional aspects. This approach ensures that all your suffering is addressed, providing a more comprehensive compensation package.
We prioritize our clients’ needs and well-being, ensuring that they feel supported and acknowledged throughout their legal journey. We understand the sensitivity of emotional distress claims and handle each case with the utmost care and professionalism.
We’re here to help you secure maximum compensation, including emotional distress
When most people think of personal injury, they envision physical injuries. However, an incident’s emotional and psychological effects can also be profound and debilitating. At Hotz & Associates, P.C., we recognize that emotional distress is indeed a significant component of personal injuries and is recognized as such under Tennessee law.
If you or a loved one were hurt in an incident that wasn’t your fault, reach out to our Knoxville personal injury lawyers at (865) 582-0042 for a free consultation.