Can You Get Emotional Distress Damages in a Premises Liability Case?

A serious accident can take a toll on your mental health. After experiencing a traumatic event, you could suffer depression, anxiety, or emotional distress. Mental trauma can last for months after the accident. When someone else is responsible for the accident, they’re also responsible for your mental anguish.

If you suffered injuries in a premises liability accident, you could recover emotional distress damages. Personal injury laws vary by state. For more information about emotional distress damages, contact a premises liability attorney.

What Is Emotional Distress?

Emotional distress is a normal human emotional response to a traumatic event or memory. It can involve many different emotions, including anger, fear, and powerlessness. Emotional distress can also have physical symptoms, including sweating, shaking, or weakness.

A premises liability claim is a type of personal injury lawsuit. Premises liability accidents occur when the property owner’s negligence caused your injuries. This could include slipping on an icy sidewalk, tripping on torn carpeting, or falling off broken stairs. Property owners are responsible for making sure their property is safe from hazardous conditions.

For example, a shopper has their leg caught in a malfunctioning elevator. They suffer severe injuries and require multiple surgeries, hospitalization, and physical therapy. After recovering from the accident, the shopper still has difficulty sleeping. They feel anxiety and get angry at anyone who tries to convince them to get in an elevator. The elevator accident caused their emotional distress.

What Damages Can You Get in a Premises Liability Case?

In a premises liability lawsuit, the injury victim recovers compensation from those responsible. Compensatory damages are supposed to put you in a similar position you would have been in but for the accident. No type of compensation may be enough to fix permanent injuries. Monetary compensation is generally the only option.

Economic and non-economic damages are types of damages in a premises liability lawsuit. Economic damages compensate you for your financial losses. Economic damages include:

• Medical bills
• Lost income
• Future loss of earnings
• Future medical treatment
• Property damage

Non-economic damages may not have a clear financial value. But these are real injuries that jurors can understand and value. Emotional distress is a type of non-economic damage. Other non-economic damages include:

• Pain and suffering
• Loss of consortium
• Loss of quality of life
• Loss of enjoyment of life

Punitive damages are rare in premises liability cases. Punitive damages punish the defendant and deter others from engaging in similar activity. Punitive damages are generally limited to intentional injuries caused by the defendant’s actions.

Who Is Eligible for Emotional Distress Damages?

Generally, anyone who suffers emotional harm caused by negligence can recover distress damages. In some states, you can only claim emotional distress if there’s an associated physical injury. In other states, you can get damages for negligent infliction of emotional distress without a physical injury.

For a premises liability case, you must show that the property owner was negligent. You must also show their negligence caused your injuries. Negligence can involve failure to protect visitors from hazardous conditions. When the property owner knows or should have known about dangerous conditions, they have to fix the problem or warn visitors.

A property owner’s responsibilities can depend on your state’s premises liability laws. Some states have different obligations for invitees, licensees, and trespassers. Find out if you’re eligible for emotional distress damages from an experienced lawyer in your state.

How Do You Prove Emotional Distress?

In a premises liability lawsuit, you have to prove emotional distress to recover damages. Emotional distress has to be severe enough that it impacts your life and well-being. Generally, a mental health professional can document your distress. Your doctors can explain your emotional trauma to the jury. Medical experts can diagnose your condition and explain how the accident caused your suffering.

The signs and symptoms of emotional distress can vary depending on the person. Some common signs of possible emotional distress include:

• Difficulty sleeping
• Lack of interest in activities previously enjoyed
• Pulling away from friends and family
• Substance abuse
• Thoughts of self-harm or hurting others
• Sudden outbursts of anger
• Unexplained aches and pains
• Eating disorders
• Mood swings
• Compulsive and obsessive behavior

Evidence to support your personal injury claim can include medical records, mental health records, and work performance records. Family members can also explain how you changed after the accident and how your emotional suffering has affected you.

Is There a Limit for Emotional Distress Damages?

Some states have a limit on non-economic damages in personal injury lawsuits. Insurance companies try to limit their financial losses. They can lobby politicians to put caps on damages. In states with non-economic damage caps, there will be a limit on your emotional distress damages. Talk to your personal injury attorney to find out about your state’s limits for severe emotional distress.

How Can a Lawyer Help With an Emotional Distress Claim?

Property owners and the insurance company will fight back against any claims of emotional distress. They don’t want to be liable for your medical expenses and will try to diminish your injuries. A personal injury lawyer will represent you to make sure you get the maximum damages available. Your lawyer can explain your legal options and file your personal injury case in court. They can negotiate with the insurance company to get a fair settlement. Speak with a premises liability lawyer to find out more about emotional distress damages.