Emotional Distress in Arizona Injury Cases

Recovery after an accident is rarely just physical. Arizona recognizes emotional distress as a lawful part of personal injury claims. In the past, emotional suffering was considered secondary to physical harm. Courts now acknowledge that emotional distress can be just as debilitating as physical harm, and victims may be entitled to compensation.

Victims have the right to seek damages for their emotional suffering. Working with an experienced personal injury attorney is the key to calculating and pursuing full compensation after your accident.

What Is Emotional Distress?

Emotional distress is mental suffering caused by someone else’s negligence or intentional actions. Personal injuries are often traumatic; victims may suffer from anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD).

For instance, someone injured in a severe car crash might find it difficult to drive again, even after their physical injuries heal. A victim paralyzed by a slip-and-fall accident is likely to experience depression as they acclimate to their limited mobility and lifestyle changes. Whether emotional suffering stems from physical injuries or psychological trauma, it often has a lasting effect on the victim’s life.

Can Emotional Distress Be Treated?

Emotional distress can be treated; in fact, treatment is often key for recovery. Pursuing mental healthcare after an accident also demonstrates how severe your symptoms are and why you should be compensated.

Treatment varies depending on a patient’s specific experiences and needs. Counseling is often helpful in treating anxiety, PTSD, and depression. Support groups can connect survivors with other people experiencing similar issues. Doctors and psychiatrists may prescribe medications to help manage symptoms. Finally, many communities offer local resources to help victims cope with their struggles.

Can Emotional Distress Be Claimed in All Arizona Personal Injury Cases?

While Arizona recognizes emotional distress as a legitimate part of personal injury claims, not every victim can claim personal injury damages for it. If you have suffered mental or emotional anguish due to someone else’s negligence or intentional actions, you may be entitled to compensation for that suffering.

Emotional distress is commonly claimed in cases involving the following:

• Severe Physical Injuries – When an injury is particularly serious, it can have a profound emotional impact. For example, someone who loses a limb may experience depression, anxiety, or loss of enjoyment of life as a result.
• Traumatic Experiences – Accidents like car crashes, workplace incidents, or intentional harm can leave victims with lasting psychological effects. PTSD is a common result of these experiences.

In contrast, you might not be able to claim emotional distress in cases with minor injuries or when there isn’t enough evidence to show the emotional toll. For example, if your injury is superficial or temporary and there is no documented impact on your mental health, a court may not award emotional distress damages.

Because your eligibility for emotional distress damages will depend on the unique circumstances of your case, it’s important to consult an Arizona personal injury attorney to review your options.

How Difficult Is It to Prove Emotional Distress in an Arizona Personal Injury Case?

Emotional distress is subjective. Unlike physical injuries, it’s hard to measure how severe the emotional impact from an accident may be, as each person responds to challenges and trauma differently. This makes it harder for accident victims to show how badly their accident has affected their emotional health.

Courts typically require evidence to validate your emotional distress claim. Successfully proving your mental anguish often requires documentation like medical records, therapy notes, or testimony from mental health professionals. Witness statements from friends, family, and other close contacts can help show how your behavior and emotional state have changed since the accident.

Because proving the extent of your emotional distress is tough, it’s wise to work with an experienced personal injury lawyer. Your attorney can help gather evidence, including expert testimony and witness statements, and present a persuasive case.

What Evidence Is Needed to Prove the Accident Caused Your Emotional Distress?

Because proving emotional distress is difficult, gathering strong evidence is the best way to support your personal injury lawsuit. Common types of proof include the following:

• Medical Documentation – Records from your therapist, psychiatrist, and other mental health professionals can provide proof of your mental anguish. These records often detail diagnoses, treatments, and the connection between the accident and your mental health challenges.
• Testimonies from Healthcare Providers, Family, or Friends – Statements from people who know you well or are treating you can illustrate the changes in your behavior, emotions, and ability to function since the accident.
• Personal Journal Entries – Keeping a diary or journal with your feelings, struggles, and emotional difficulties can be compelling evidence.
• Expert Witnesses – Testimony from psychologists or other mental health experts may add credibility to your claim.

The best way to find out what kind of evidence you’ll need for your claim is to talk to a knowledgeable personal injury attorney.

How Will Compensation for My Emotional Distress Be Calculated?

There are several factors that can influence your compensation, including the following:

• How severe your emotional distress is
• How long you’ve suffered
• The impact on your daily life, including relationships and your ability to work

Unlike other states, Arizona does not limit how much you can recover for emotional distress.

Statute of Limitations for Personal Injury Claims in Arizona

Arizona limits how long you have to file a personal injury claim. Under state law, you have two years from the date of your accident to file a claim. If you file a claim after that deadline, your claim may be dismissed.

While two years may seem like a long time, it can pass quickly, especially if you’re recovering from physical injuries and emotional trauma. The best way to protect your rights is to hire a personal injury lawyer as soon as your medical condition is stable.

Contact an Arizona Personal Injury Lawyer

When you suffer emotional distress as a result of someone else’s negligence or recklessness, hiring a skilled Arizona personal injury lawyer is key. An experienced attorney can help by gathering evidence, building a strong case, and negotiating with insurance companies or defense counsel for fair compensation.

Mushkatel, Gobbato & Kile, P.L.L.C. offers 50 years of combined legal experience and personalized service for accident victims. If you’re suffering emotional distress after an accident, contact us today to discuss your options.

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