Emotional Distress After a Personal Injury

May 11, 2019 by Barry Zlotowicz Law Firms 

Emotional Distress After a Personal Injury

If you have experienced pain and discomfort as a result of an accident or injury, emotional distress law in Illinois makes it possible for you to obtain Emotional distress after a personal injurycompensation for accompanying emotional distress after a personal injury.

Often, many of those that sustain injuries suffer in silence, unaware of the symptoms of emotional distress and of important rights under Illinois emotional distress law. The attorneys at Chicago Legal Group are experienced emotional distress lawyers. We have assisted clients in obtaining emotional distress damages after an auto accident or other personal injury.

What is Emotional Distress?

Emotional distress is generally associated with mental anguish, or the non-physical symptoms of an injury. The period of mental suffering is typically brought on by a traumatic experience. Depending on factors unique to the victim, or the extent of the trauma, the period of suffering can be short-lived or chronic in nature.

What are Common Symptoms of Emotional Distress?

Emotional distress symptoms following an accident can take many forms. Common signs of emotional distress include:

  • Anxiety
  • Depression
  • Stress
  • Embarrassment
  • Feelings of Guilt
  • Insomnia
  • Lack of Interest in Previously Enjoyable Activities

Obtaining Compensation Under Illinois Emotional Distress Law

While you may have or are currently exhibiting the above symptoms, that does not necessarily mean that you are entitled to emotional distress damages. In order to recover, you must be able to demonstrate that the accident or injury sustained caused the emotional distress. Common diagnoses in which you may be able to recover emotional distress damages include, but are not limited to:

  • Post-Traumatic Stress Disorder (PTSD)

The American Psychiatric Association defines PTSD as a psychiatric disorder suffered by people wo have experienced or witnessed a traumatic event such as a violent assault or serious car accident. PTSD symptoms typically occur within three months of a traumatic incident. Depending on the victim recovery can occur in as little as several months. However, for others, the condition can be chronic and last for many years.

  • Depression

Like PTSD, depression can take many forms. Symptoms can be mild or significantly interfere with your normal day-to-day activities. Depression is one of the more common forms of emotional distress experienced following an accident.

  • Anxiety

Anxiety following an accident or traumatic event is common. In the case of a car accident, for instance, the victim may be so anxious about driving that he or she is unable to commute to and from work. More serious symptoms can render the victim unable to complete routine tasks, making day-to-day life extraordinarily difficult.

  • Insomnia

An inability to sleep due to the actual physical injuries sustained or as a result of emotional trauma from the accident.

Do I Need to Be Physically Injured to Recover Under Illinois Emotional Distress Law?

This is one of the more common questions that we are asked by prospective clients. Often when we think of emotional distress, we think of being a victim of a crime or being involved in a car accident. While these types of cases certainly fall under Illinois emotional distress law, they are not the only type. One does not need to be seriously injured to suffer emotional distress.

In fact, we were recently contacted by a prospective client involved in a dog attack case. The person was holding a small dog when the two were attacked by a pit bull. The person suffered very minor injuries, but the dog died as a result of the wounds. One can imagine how traumatic it must be to witness such a vicious attack on a beloved pet. So, while the dog’s owner suffered little in the way of physical injuries, the resulting emotional distress damages can be significant. The person’s ability to recover largely depends on his or her symptoms and the extent of professional treatment required.

What Should I Do if I am Experiencing any Symptoms of Emotional Distress?

If you are currently experiencing any of the above symptoms, or related mental anguish, resulting from an accident or traumatic event, it is important to seek professional help. Even emotional distress symptoms that are seemingly mild can become far more chronic if left untreated. In many cases, professional treatment is required for victims to make a full recovery. In addition, a mental health diagnosis will be necessary to establish the extent of your injuries should you wish to pursue damages.

Once you have sought treatment, it is important to consult with experienced emotional distress lawyers. Emotional distress law in Illinois can be complex. Failure to abide by applicable procedures can result in a forfeiture of your right to recover emotional distress damages.

The responsible party, and especially his or her insurance company, will attempt to minimize the extent of your emotional distress damages in an effort to pay you less. Experienced emotional distress lawyers can help you to place a value on your suffering and to not settle for less. Moreover, should you wish to proceed to trial, you will need to establish a causal connection between the accident or injury and subsequent emotional distress symptoms.

If you suffered emotional distress after a personal injury such as a car accident, please contact us today for a free consultation.


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