[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.truittlawoffices.com\/blog\/when-can-an-injured-person-make-a-claim-for-emotional-distress\/#BlogPosting","mainEntityOfPage":"https:\/\/www.truittlawoffices.com\/blog\/when-can-an-injured-person-make-a-claim-for-emotional-distress\/","headline":"When Can an Injured Person Make a Claim for Emotional Distress?","name":"When Can an Injured Person Make a Claim for Emotional Distress?","description":"Being hurt in an accident can cause more than just physical injuries. In Indiana, victims who experience psychological problems after a traumatic incident can seek compensation for emotional distress. Winning money for emotional distress will hinge upon how significant the person\u2019s mental suffering really is. In the past, Indiana courts...","datePublished":"2020-05-27","dateModified":"2025-03-24","author":{"@type":"Person","@id":"https:\/\/www.truittlawoffices.com\/blog\/author\/philtruitt\/#Person","name":"Phil Truitt","url":"https:\/\/www.truittlawoffices.com\/blog\/author\/philtruitt\/","identifier":14,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f112f948511b1b4986cc42659aba88a8f0fcc0e3a93ed222ce1643fca1d6a2d9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f112f948511b1b4986cc42659aba88a8f0fcc0e3a93ed222ce1643fca1d6a2d9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Truitt Law Offices","logo":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","width":427,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2020\/12\/emotional-distress.jpg","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2020\/12\/emotional-distress.jpg","height":627,"width":1200},"url":"https:\/\/www.truittlawoffices.com\/blog\/when-can-an-injured-person-make-a-claim-for-emotional-distress\/","about":["Personal Injury"],"wordCount":1212,"articleBody":"Being hurt in an accident can cause more than just physical injuries. In Indiana, victims who experience psychological problems after a traumatic incident can seek compensation for emotional distress.Winning money for emotional distress will hinge upon how significant the person\u2019s mental suffering really is. In the past, Indiana courts only allowed people who were physically impacted by the accident to recover for emotional harm. Today, the ability to recover has been broadened to include certain witnesses to the event. But because it\u2019s not easy to put a dollar amount on someone\u2019s emotional suffering, it\u2019s wise to speak to an experienced personal injury attorney instead of trying to settle a claim on your own.At Truitt Law Offices, we have the knowledge and experience needed to effectively handle your emotional distress claim and prove the extent of your injuries. Our compassionate\u00a0personal injury attorneys in Fort Wayne\u00a0are committed to helping clients recover maximum compensation for all the ways that accidents affect their lives.For more than 40 years, we\u2019ve been helping personal injury victims in Fort Wayne and the surrounding areas get the money they deserve for injuries caused by others\u2019 negligence. Let us do the same for you.If you\u2019re suffering from emotional distress after an accident caused by someone else, our skilled personal injury lawyers will fight for your rights and help you get on the road to recovery.It\u2019s simple to get started. Call, fill out our contact form, or chat with us online to set up your free consultation.What Is Emotional Distress?Some people come out of an accident with little to no emotional scars. Others are severely impacted. Some of the common conditions associated with emotional distress claims include:AnxietyDepressionAngerDifficulty sleepingHumiliationIrritabilityNew fears related to the accident (e.g., fear of driving after a crash, fear of dogs after an attack, etc.)NightmaresPhysical signs of stress, like headaches or ulcersMood swingsPost-traumatic stress disorder (PTSD)When these conditions impact your ability to enjoy life or function the way you once did, you could have a valid emotional distress claim.Who Can Receive Emotional Distress Damages in Indiana?The law\u00a0limits who can file emotional distress claims to certain individuals. These parties include:The victim who was physically injured in the accidentAnother person who was directly involved in the incidentA bystander who either witnessed the accident or came upon the scene soon after the death or injury of a loved oneHow Do You Prove Emotional Distress Damages?To win a claim for emotional distress, you need to prove that:The distress is ongoing or more than just momentary.The distress was directly caused by the defendant\u2019s actions or conduct.The distress is medically significant.There are several ways that emotional distress can be proven. Most importantly, you should have medical documentation of the psychological effects of the accident. This can come from your medical records, prescriptions for anxiety or other medications, and testimony from medical experts.Sometimes, the psychological impact of an accident prevents individuals from returning to work. In those instances, statements from employers and co-workers may also support your emotional distress claim.Keeping a journal can also show the duration and intensity of your emotional distress and its impact on your life. For example, the journal might include notes on your mental and emotional health after the accident and any day-to-day effects that you notice.How Much Can You Claim for Emotional Distress?It\u2019s challenging to determine exactly how much a person\u2019s emotional distress is worth. Courts don\u2019t give juries a specific formula to follow to calculate an amount. Instead, they must consider:How much a victim\u2019s injuries have impacted their daily life and normal activitiesThe severity of a victim\u2019s physical injuriesAny permanent disfigurement caused by their injuries, such as facial scarringMany victims suffer exorbitant costs because of emotional distress. They might need to see a psychologist for the rest of their lives. The distress might prevent the victim from being able to enjoy life, work, and provide for their family again.Similar to calculations for physical injuries, damages for emotional distress shouldn\u2019t just cover the harm that a victim is currently suffering. This compensation should also cover the costs of the emotional harm they are likely to have to endure in the future because of the accident.Is Emotional Distress the Same as Pain and Suffering?Pain and suffering is a type of noneconomic damage that victims can claim after an accident. It refers both to the physical pain that the victim experiences due to his\/her injuries as well as the emotional trauma suffered as a result of the accident.Emotional distress is one of the mental injuries that falls under the umbrella of pain and suffering. It encompasses any kind of detrimental psychological impact that stems from the accident.Are There Different Types of Emotional Distress Claims?While emotional distress is often a component of a pain and suffering claim, it is also part of other types of injuries that victims might claim, such as:Intentional infliction of emotional distress:\u00a0Occurs when someone deliberately does something that they know or suspect will cause someone else significant and enduring emotional harm.Negligent infliction of emotional distress:\u00a0Happens when a victim suffers emotional harm because of another party\u2019s reckless actions.It\u2019s very important to speak with an experienced Fort Wayne, Indiana personal injury lawyer when pursuing a claim for emotional distress. At Truitt Law Offices, our attorneys will outline your legal options, investigate your claim, and help put a full and fair value on your case.How Much Money Can You Get for Emotional Distress?Since emotional distress is considered a noneconomic damage, many states limit the amount of money that victims can get for this type of injury. In Indiana, these caps depend on the type of personal injury claim that you are filing.For example, the most money that a victim can get for a medical malpractice claim is typically $1.25 million, while the most a victim can get in a claim against the state is usually $700,000.Other Indiana laws limit whether a person can get money for emotional distress as well. Under the state\u2019s statute of limitations for personal injury claims, victims typically have only two years to file for compensation. Fail to file by the deadline, and you could lose your right to any money for your injuries altogether.The amount of money you are able to recover could also depend on whether you share fault for the accident that injured you. Indiana\u2019s comparative negligence rule allows for courts to reduce or eliminate victims\u2019 access to compensation if they were partially responsible for the accident.Get Help With Your Emotional Distress ClaimIf you are experiencing emotional problems after being injured in an\u00a0accident in Indiana, you don\u2019t have to suffer in silence. The proven personal injury attorneys at Truitt Law Offices can craft a strong and solid legal claim for emotional distress for you. To learn more about your legal options, call or contact us today to schedule a free consultation.Visit Our Indiana Personal Injury Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.truittlawoffices.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"When Can an Injured Person Make a Claim for Emotional Distress?","item":"https:\/\/www.truittlawoffices.com\/blog\/when-can-an-injured-person-make-a-claim-for-emotional-distress\/#breadcrumbitem"}]}]