Recovering Compensation for Emotional Distress in a Kentucky Personal Injury Claim
When someone is involved in an accident in Kentucky because of another party’s negligence, often, they don’t only suffer physical injuries. If you were involved in an accident due to the negligence of someone else, you may have suffered emotional distress in addition to physical injuries. Emotional distress can have profound and long-lasting effects on a person’s mental health and overall quality of life. In Kentucky, emotional distress is a compensable loss in personal injury cases. It can be difficult to prove emotional distress in a personal injury claim, but with the help of a qualified attorney, it is certainly possible.
Understanding Emotional Distress
Emotional distress in Kentucky personal injury cases refers to the psychological and emotional suffering that arises as a result of an accident or injury. Emotional distress can affect people in different ways. The following are some of the common symptoms of emotional distress;
- Anxiety
- Depression
- Sleep disorders
- Post-traumatic stress disorder (PTSD)
- Mental anguish
- Guilt
- Shame
Emotional distress can significantly affect a person’s mental health and overall quality of life. If you were involved in an accident due to another person’s negligence, which led to emotional distress, your personal injury claim is essential.
Determining Emotional Distress Damages in a Kentucky Personal Injury Claim
Emotional distress damages fall under non-economic damages. These damages are subjective in nature, meaning they cannot be calculated using bills, invoices, and other tangible evidence, as is the case with economic damages like medical expenses and lost wages. When determining emotional distress damages, courts and insurance companies evaluate several factors, including;
- The severity of the injury
- Permanency of the injury
- Impact on the victim’s life and relationships
- The amount of mental anguish
- The credibility and strength of the evidence presented
Common Calculation Methods for Emotional Distress Damages
While it is impossible to calculate emotional distress damages using bills, invoices, and other tangible evidence, there are some calculation methods that courts, insurance companies, and attorneys commonly use. The most widely used method is the multiplier method. Under this method, all economic damages are added and multiplied by a number, usually between 1.5 and 5. The number chosen as the multiplier will mainly depend on the extent and impact of the injury. If, for instance, a victim has $15,000 in economic damages, such as medical expenses and lost wages, and a multiplier of 3 is chosen, this would mean that they would be entitled to $45,000 in emotional distress damages, bringing the total compensation amount to $60,000.
The second method for calculating emotional distress damages in a Kentucky personal injury claim is the per diem method. This method entails assigning a daily value to the victim’s emotional distress and multiplying that value by the number of days the distress lasts. For instance, if a per diem rate of $100 is assigned and the distress lasts for 150 days (five months), the total emotional distress damages would be $15,000 ($100 x 150 days).
Proving Emotional Distress
Proving emotional distress requires evidence that shows the extent and impact of the mental and emotional suffering. Examples of pieces of evidence that can help prove emotional distress include;
- Medical documentation
- Expert testimony
- Personal testimony
- Testimony from family and friends
A skilled personal injury attorney can help you gather the necessary evidence.
Contact a London and Southeast Kentucky Personal Injury Attorney
For help recovering the compensation you deserve for your injuries and damages, contact our experienced London & Southeast Kentucky personal injury attorneys at Cessna & George Law Firm.
