When considering the realm of personal injury law, physical injuries are typically the first thought that comes to mind. However, the psychological impacts of an incident—commonly referred to as emotional distress—also play a crucial role in legal claims.
Below, our skilled Denver personal injury attorneys explain the basics of emotional distress and how such cases are handled under Colorado law. Keep reading for more, then call (866) 823-8288 to schedule a free consultation.
Understanding emotional distress in personal injury cases
Emotional distress in the context of personal injury law refers to the psychological impact injuries or traumatic events have on an individual. These can include anxiety, depression, PTSD, and other emotional reactions that significantly impair one’s quality of life.
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Is emotional distress considered a personal injury?
Personal injury law recognizes that psychological injuries can be just as debilitating as physical injuries. Emotional distress is recognized as a compensable injury in personal injury cases, which means victims can seek compensation for these damages alongside physical injuries.
Proving emotional distress
Proving emotional distress can be more challenging than proving physical injuries because of the subjective nature of psychological harm. However, with the right approach and evidence, a strong case can be made:
- Medical documentation: Documentation from psychologists, psychiatrists, or counselors can support emotional distress claims. Medical records should detail the extent of the emotional injuries and their impact on daily life.
- Personal testimony: The victim’s own testimony about their mental and emotional state after an incident provides personal insight into the suffering endured.
- Witness testimony: Family, friends, and coworkers can also testify regarding the changes in the victim’s behavior and emotional state.
What Colorado law has to say about emotional distress
Colorado recognizes emotional distress as part of personal injury claims, governed by both negligence and intentional infliction standards. The key aspects include:
- Negligent infliction of emotional distress (NIED): In Colorado, claims for negligent infliction of emotional distress require that the distress be a result of physical injuries caused by the defendant’s negligence or that the victim was in a “zone of danger” from a physical risk caused by the defendant’s actions.
- Intentional infliction of emotional distress (IIED): Colorado also allows claims for intentional infliction of emotional distress, which involves conduct that is so outrageous and extreme that it goes beyond all possible bounds of decency.
How Zara Injury Law can help
If you are suffering from emotional distress due to an accident or injury, Zara Injury Law can assist in building a robust case to secure the compensation you deserve. Our experienced attorneys understand the complexities of integrating emotional distress claims into your personal injury case. We are committed to advocating for the full scope of your injuries—both seen and unseen.
We’re here to guide you through the process
Emotional distress is indeed recognized as a personal injury in the legal sense, allowing victims to claim psychological damages just as they would for physical injuries. If you are experiencing emotional distress following an accident, it’s important to seek both medical care and legal advice. Zara Injury Law is here to guide you through the process, helping ensure that all aspects of your injury, including emotional distress, are addressed in your claim.