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Recovering Damages for Emotional Distress in an Illinois Injury Claim

Posted on in Personal Injury

crystal lake injury lawyerWhen people think of serious personal injuries, they think mostly of physical injuries. However, some of the most lasting, debilitating injuries are of a psychological nature. Mental trauma – known as emotional distress in the legal world – has serious implications that may prolong a victim’s path back to normal. It may be difficult to work, maintain relationships, and process emotions normally. The toll on the victim and their family can be enormous. However, in certain circumstances, damages for emotional distress can be recovered.

What is Emotional Distress

The definitions of emotional distress vary, as each victim experiences the condition differently. Most medical professionals understand the condition as a psychological response to an extreme act of physical or emotional violence.

Symptoms of emotional distress include:

  • Cognitive struggles: Those afflicted often experience frequent flashbacks of the traumatic event, intrusive thoughts, and nightmares. This could affect their ability to concentrate and perform certain tasks.

  • Behavioral issues: Certain places, images, and sounds can trigger flashbacks. Victims may feel the need to organize their lives in a way to avoid these triggers.

  • Stress and anxiety: Trauma can make it difficult to process and manage emotions. Victims may struggle with panic attacks, along with bouts of fear, depression, and anxiety.

  • Physical ailments: Trauma can make healthy lifestyle practices impossible – difficulty sleeping, irregular eating habits, aches and pains, and heart palpitations are commonplace.

Claiming Damages for Emotional Distress

If you experience emotional distress because of negligent acts, you may be able to file a personal injury lawsuit against the responsible party and recover compensation. However, it should be noted that it is more difficult to collect damages for emotional distress than physical injuries. Psychological injuries are often much more difficult to prove. Expert witness testimony from a therapist, psychologist, or other medical professional may be necessary to recover damages for emotional distress.  If the plaintiff is successful, they could be granted compensation for the losses incurred because of the trauma, including medical care, lost wages, and deprivation of life’s enjoyment.  

Contact a McHenry County Personal Injury Lawyer

If you were involved in a serious accident and developed emotional distress as a result, you may have a legal claim. An experienced personal injury lawyer can evaluate your case, determine if you have a claim, and craft a personalized legal strategy around your interests. The lawyers at Botto Gilbert Lancaster, PC have spent their careers fighting on behalf of accident victims. They understand the circumstances facing their clients, providing vigorous representation throughout the process. Contact a McHenry County personal injury lawyer today at 815-338-3838 to schedule a free initial consultation.

Sources:

https://www.lakebehavioralhospital.com/recognizing-the-signs-and-symptoms-of-emotional-psychological-trauma/

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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