If you can prove that you suffered emotional distress related to your personal injury in Colorado, you may be able to recover compensation that can help pay for therapy and the negative emotional effects of the accident and your injuries on your life.
What Is Emotional Distress?
Emotional distress is the non-physical trauma caused by the accident, such as:
- Pain and suffering
- Mental anguish
- Depression and anxiety
- Sadness
- Frustration
- Phobias and fear
- Humiliation
- Indignity
- Reduced quality of life
In some cases, emotional distress can manifest in physical effects, such as:
- Insomnia or difficulty waking
- Fatigue
- Headaches
- Chronic pain
- Memory problems
- Anxiety attacks
When People Can Sue for Emotional Distress in Colorado
Colorado law allows people to seek compensation for emotional distress damages when their emotional distress accompanies a physical injury. Another legal basis to recover compensation for emotional distress is when you have suffered emotional distress (even without an accompanying physical injury) due to someone else’s negligent or intentional behavior if you were within the zone of danger and anticipated that you would be physically injured.
People can also file emotional distress claims as part of a wrongful death case. In these cases, eligible family members can recover compensation for emotional distress, grief, and mental anguish if a wrongful act caused the death of their loved one.
An experienced attorney from our Colorado personal injury law firm can carefully review your situation and explain if you are eligible for compensation.
Trial Proven20+ Years ExperienceRecord Breaking Verdicts
Schedule a Free Consultation
How to Prove Emotional Distress Damages
To prove emotional distress damages, you must be able to show the defendant was responsible for a precipitating accident, the existence of your emotional distress, and objective evidence that links the distress to the accident and its effect on your life. Evidence that can help you prove these damages includes the following:
- Medical records that notate your physical and emotional symptoms
- Notes from your therapist detailing your accident and the accompanying emotional distress
- Psychological test results and psychiatrist evaluations that diagnose mental health conditions associated with your distress
- Expert witness testimony regarding diagnoses, causation, and how the accident could have triggered or worsened your condition
- Pain journal entries that detail your symptoms
- Your own testimony regarding the emotional impact of the accident on your life
- Statements from friends, family members, or coworkers about how the accident has affected your mood
Calculating the Value of Emotional Distress Damages
When you have been harmed by someone else’s negligence, you can seek compensation for the tangible and intangible effects associated with your emotional distress. The value of your emotional distress damages can depend on various factors, including:
- Direct financial losses, such as therapy and pain management costs
- The severity of your injuries and emotional distress
- How long your symptoms persisted
- The impact of your distress on your daily life
Contact Us for a Free and Confidential Case Review
If you have suffered emotional distress due to someone else’s negligence, an experienced attorney from Dulin McQuinn Young can fight for your fair recovery. Call us today at (303) 246-1111 to discuss your situation.