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When Emotional Distress Becomes Part of a Personal Injury Lawsuit

If you’re injured in an accident that was caused by someone else’s negligence, you can seek compensation for your current and ongoing damages. And the most obvious are your medical expenses and lost earnings. Often, however, there is an emotional component to personal injury claims that includes the physical pain you suffer and the emotional duress you endure. While this form of loss is more challenging to assess, it can have a very negative impact on your life. Our experienced Greenwood personal injury attorneys at Nicholson, Meredith & Anderson have the knowledge and legal insight to help ensure that you receive the compensation you deserve.

Non-economic Damages in South Carolina

In a South Carolina personal injury claim, the losses you can seek compensation for in a personal injury claim break down into both economic and non-economic damages. Economic losses are those for which a dollar amount can readily be assigned while non-economic damages can’t be classified in the same way.

The State of South Carolina defines non-economic losses as damages that arise from all the following:

• Pain and suffering
• Physical impairment and disfigurement
• Inconvenience
• Mental anguish, emotional distress, and fear
• Loss of enjoyment in life

Losses of this nature can be very difficult to overcome and may exceed your other losses combined.

Emotional Duress Often Goes Hand-in-Hand with Physical Injuries

Enduring a physical injury as a result of another person or entity’s negligence is a traumatic experience that often leads to emotional consequences. If you experience serious mental anguish in the aftermath of an accident, your pain and suffering should be addressed in your personal injury claim.

Often, these losses take the form of post-traumatic stress reactions like the following:

• Increased anxiety
• Depression
• Severe mood swings
• Difficulty regulating mood
• Sleep disturbances
• Emotional withdrawal
• Terrifying accident flashbacks
• Difficulty concentrating

Defining Your Emotional Pain and Suffering

To be compensated for your emotional pain and suffering, you’ll need to prove that your losses in this category are serious. This means that they go beyond being a temporary concern or a garden-variety upset.

Your seasoned personal injury lawyer will skillfully gather the evidence necessary to demonstrate the extent of your emotional losses. In the process, they’ll turn to your medical records, including those that relate to any treatment or medication for anxiety, insomnia, or depression. The expert testimony of mental health professionals and testimony from those who know you well, regarding how the accident has affected your relationships, can also play an important role.

Our Experienced Greenwood Personal Injury Lawyers Can Help

Our dedicated Greenwood personal injury attorneys at Nicholson, Meredith & Anderson appreciate just how challenging losses that relate to pain and suffering tend to be. And we will leave no stone unturned in our focused efforts to ensure that your claim is resolved favorably and in support of your most complete recovery. We care about you and your claim, so please don’t wait to reach out for more information by contacting us online or giving our firm a call at 864-229-7241 today.