Emotional distress plays a role in injury cases greatly affecting the lives of those involved. At The Licatesi Law Group we understand the complexities of distress in relation to injury claims in New York. In this blog we will delve into what emotional distress entails, how it is proven to exist real life instances, its manifestations and the steps victims should consider if they have suffered emotional distress due to an incident.

Emotional distress refers to the suffering or trauma experienced by an individual as a result of an incident or injury caused by someone negligence or unlawful behavior. Unlike injuries, emotional distress profoundly impacts one's well being leading to feelings of emotional pain and anguish. This distress can manifest in forms such as sleeplessness, anxiety, sadness and an overall decline in quality of life.

In New York, the demonstration of emotional distress in personal injury cases necessitates the fulfillment of specific criteria. Initially, emotional distress may be asserted independently; however, it is frequently fortified by the presentation of a legitimate physical injury that is associated with the emotional distress. Secondly, the emotional distress must be severe and verifiable, demonstrating that it substantially disrupts the victim's daily life and well-being. Furthermore, the emotional anguish must be directly attributable to the incident in question, with a clear connection between the distress and the defendant's actions. Lastly, victims must provide substantial evidence of their emotional distress, such as medical records, psychological evaluations, and testimony from mental health professionals.

Emotional distress may result from a variety of personal injury incidents. For instance, a person who has been involved in a traumatic car accident may experience severe anxiety regarding driving, persistent nightmares, or panic attacks, which can have a substantial impact on their daily life. Medical malpractice, such as bungled surgeries or misdiagnoses, can result in severe emotional trauma for patients, such as depression, anxiety, or a loss of confidence in the medical profession. This can exacerbate their physical suffering. The psychological impact of assault or abuse is as debilitating as the physical injuries, as victims frequently experience long-term emotional trauma, such as post-traumatic stress disorder (PTSD), dread, and emotional apathy. In the same vein, employees who are injured in workplace accidents may experience chronic tension, a dread of returning to work, and a sense of helplessness, all of which can lead to substantial emotional distress.

There are numerous profound and extensive methods by which emotional distress is expressed. Victims may experience severe anxiety and panic attacks, which frequently result in their avoidance of situations that are similar to the incident. Depression, which is characterized by persistent feelings of sorrow, despondency, and a loss of interest in previously relished activities, can also develop, substantially affecting daily life and mental health. Insomnia and other sleep disorders are prevalent, resulting in individuals experiencing nightmares, difficulty falling asleep, or remaining unconscious, which negatively impacts their overall health. Another manifestation is social withdrawal, in which victims may avoid social interactions, public locations, or isolate themselves as a result of increased emotional distress. Furthermore, cognitive functions may be impaired by emotional distress, which can result in difficulty concentrating, making decisions, or completing essential daily tasks.

It is imperative to implement precise measures to address and document your emotional distress subsequent to an incident. To begin, consult with mental health professionals, such as psychologists or psychiatrists, to obtain professional assistance. Their evaluations and treatment records can serve as critical evidence in your case. Detailed records of your symptoms, treatment received, and the impact of the distress on your daily life are essential for substantiating your claim. Document your experience thoroughly. Subsequently, seek the assistance of an accomplished personal injury attorney, such as those at The Licatesi Law Group, who can assist you in comprehending your rights, evaluating the validity of your claim, and navigating the intricacies of substantiating emotional distress. Accumulate and arrange pertinent evidence, such as psychological evaluations, medical records, and witness statements, that substantiates your assertion. Lastly, collaborate with your attorney to submit a personal injury claim that encompasses emotional distress damages. Your attorney will aid in the development of a compelling case, the negotiation with insurance companies, and the representation of your interests in court, if necessary.

At The Licatesi Law Group, we are dedicated to providing assistance to individuals who have experienced personal injury, including those who are experiencing emotional distress. Our committed attorneys will offer the assistance and knowledge required to successfully traverse the intricacies of your case, guaranteeing that you receive the compensation and justice you are entitled to. Please contact us today at (516) 227-2662 to schedule a consultation and learn more about your legal options if you or a loved one has experienced emotional distress as a result of an incident.