In Connecticut, injured people can seek compensation for emotional distress after an accident. Money for emotional distress accounts for the intangible toll an injury takes on an individual’s life, not for losses with an actual dollar amount. Pursuing compensation for emotional distress can help victims make the most of their personal injury claims because Connecticut does not limit how much a person can recover in noneconomic damages.
Are you experiencing emotional distress due to another’s negligent or reckless actions? You don’t have to suffer in silence. At Jainchill & Beckert, LLC, we understand that bouncing back from an accident is no easy task. We’re here to help you pursue the financial compensation you need to move forward in life.
Our experienced personal injury attorneys are recognized by groups like Super Lawyers and The National Top 100 Trial Lawyers. Contact us today for a free consultation.
What Types of Accidents Can Lead to Emotional Distress?
Accidents result in more than just physical injuries. They can also cause great mental distress and emotional suffering. No matter how severe the injury, the shock of a sudden accident can have a massive psychological impact.
Accidents that often give rise to emotional distress claims include:
- Auto accidents — In addition to severe injuries, car accidents can cause extensive psychological trauma. Lingering stress from the crash can cause anxiety and an intense phobia of driving or riding in cars.
- Assault — Physical and sexual assault are harrowing experiences that can cause victims to develop depression, PTSD, and feelings of shame.
- Dog bites — Animal attacks can cause lasting physical injuries and a fear of pets.
- Falls — Injuries from a slip and fall may cause debilitating impairments, affecting a person’s comfort and quality of life.
- Workplace injuries — Employees in dangerous industries like manufacturing or construction can suffer extreme injuries and distress from long-term or permanent disabilities.
- Wrongful death — The loss of a loved one is emotionally devastating and can be grounds for filing an emotional distress lawsuit.
What Are Signs of Emotional Distress?
Emotional distress can manifest in various ways, such as:
- Depression
- Anxiety
- Mood swings
- Irritability
- Difficulty sleeping
- Changes in diet and eating habits
- Difficulty concentrating
- Sexual dysfunction
- Headaches
- Alcohol or drug abuse
- Compulsive behaviors
- Loss of interest
- Drowsiness and lethargy
- Becoming socially withdrawn
- Personality changes
- Panic attacks
- Flashbacks.
What Types of Emotional Distress Claims Can Connecticut Accident Victims File?
Here are some of the key types of emotional distress claims we pursue for our clients:
- Negligent infliction of emotional distress (NEID) — A NEID claim demands compensation from a negligent party for the unintentional harm they caused.
- Intentional infliction of emotional distress (IIED) — IIED claims are for cases when the at-fault party intentionally caused emotional anguish through exceptionally egregious or malicious behavior, like assault.
- Lost enjoyment of life — You can also seek financial compensation if your injuries prevent you from engaging in hobbies or activities you once did.
- Loss of consortium — If your spouse or civil partner sustained a serious or fatal injury, you may be able to bring an emotional distress claim for the loss of love, companionship, affection, guidance, or support.
How Do I Prove an Emotional Distress Claim in Connecticut?
The elements required to prove emotional distress depend on the type of claim you wish to file.
For intentional infliction of emotional distress (IIED), you must prove:
- The at-fault party tried to hurt you on purpose.
- Their actions were extreme and outrageous.
- The conduct caused you emotional distress.
- The emotional distress was severe.
In negligent infliction of emotional distress (NEID) cases, you must demonstrate:
- The responsible party’s actions caused an unreasonable risk of causing emotional distress.
- The emotional distress was foreseeable and severe enough that a reasonable person would have had trouble coping with it.
- The at-fault party’s actions directly caused your emotional distress.
- The emotional distress was severe enough to potentially cause illness or bodily harm.
Establishing a causal link between the wrongful act (or failure to act) and the victim’s emotional suffering is the key consideration of an emotional distress claim. Your personal injury attorney can rely on evidence like medical records, eyewitness statements, and expert testimony to prove that you suffered emotional distress after the incident that harmed you.
Is It Difficult to Win a Connecticut Emotional Distress Lawsuit?
Winning an emotional distress lawsuit in Connecticut can be challenging. This is primarily because emotional distress is largely invisible and abstract. Economic losses such as medical bills or lost wages have an explicit dollar value, so calculating fair compensation is simpler. Emotional distress doesn’t have a direct monetary value, and assigning one will involve some kind of subjective analysis.
Additionally, proving that a person’s distress was due to a specific accident can be hard. Emotional distress is a broad category and can impact a person’s life in several ways — physically, mentally, and socially. The broad categorization makes it tougher to pinpoint an exact cause.
Emotional distress can also linger for a long time, and symptoms might not become immediately apparent. This delay can render it more difficult to prove a causal connection between the accident and its mental effects.
What Is Connecticut’s Statute of Limitations for Filing an Emotional Distress Claim?
Connecticut law gives accident victims two years to file a personal injury lawsuit for losses resulting from negligence, misconduct, or malpractice, including emotional distress. If you wait too long, your legal claim will expire, and you will lose your right to seek compensation. Consult a personal injury attorney immediately to ensure you meet relevant filing deadlines.
Contact a Connecticut Personal Injury Lawyer
Your emotional distress counts as a loss, and you deserve a chance to recover compensation for your suffering. The skilled personal injury attorneys at Jainchill & Beckert, LLC have over 55 years of combined experience helping injured clients recover money for physical and mental injuries stemming from a wide range of accidents. Call or contact us online for a free consultation with a personal injury lawyer in Connecticut.
