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How Emotional Distress Can Affect Your Personal Injury Lawsuit

When you have been involved in an accident such as a car crash, dog bite, or other incident, you will of course suffer serious physical injuries. But along with this, you will also likely experience severe emotional distress as well. However, you may not realize that as part of your personal injury lawsuit, you can seek compensation for the emotional distress you are suffering. To ensure you get fully compensated for these damages, keep the following tips in mind.

Document Your Distress

To increase the odds of gaining compensation for emotional distress, document the type of distress you have and how it is impacting your life. For example, you may now have trouble sleeping, experience nightmares about your accident, or develop anxiety or depression that may keep you from having a good quality of life.

Seek Treatment

Along with documenting your specific types of emotional distress, it is also wise to seek medical treatment for your issues. Not only will this help you cope with things much better, but it will also have your problems entered into your medical records and be verified by medical professionals. Once you have done this, your personal injury lawyer can use this as leverage when seeking a financial settlement on your behalf.

Damage Caps

While you can be compensated for various types of emotional distress, you should be aware that some states do impose caps on the amount of compensation that victims can receive for these types of damages. Therefore, it is imperative that you do all you can to document and have your problems treated because this can help you gain maximum compensation in your lawsuit.

Intentional Infliction

In some personal injury cases, you and your attorney may decide to include a claim for intentional infliction of emotional distress. While somewhat uncommon in most lawsuits, it is a strategy that can prove to be very effective if your accident was caused by the gross negligence of another party. As an example, if you are now afraid to drive your car after being struck by a drunk driver who was well over the legal limit of intoxication, you may have a strong case for additional compensation.

Since a traumatic situation such as a car accident or dog bite can affect people in many different ways, don’t assume you cannot be compensated for the anxiety and stress you are now experiencing. To make sure you receive the financial compensation you need and deserve, consult soon with a personal injury attorney.

Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty. You can connect with Anica here.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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