Is Emotional Distress a Personal Injury in a Workers Compensation Case? Find Out Now
Is workers compensation a personal injury? Discover the legal implications and insights on pursuing a claim. Explore your options with expert guidance today!
According to Mental Health America, nearly one in five adults in the United States will experience a diagnosable mental health problem in any given year. Currently, 23.1% or 59.3 million U.S. adults have a mental illness.
Emotional distress, which is a state of considerable mental anguish and suffering, is a common symptom of mental health conditions. It’s highly unpleasant, even debilitating. Even worse, it may stem from events or incidents that another person or party perpetrated against a victim.
So, is emotional distress a personal injury then? If so, does it mean it’s possible to file an emotional distress lawsuit or use it as part of personal injury claims in Oklahoma?
Please read on, as the legal experts at BDIW, Boettcher, Devinney, Ingle, and Wicker, our law firm specializing in personal injury cases in Oklahoma, will answer all those questions and more in this guide.
Is Emotional Distress a Personal Injury in Oklahoma?
Yes, emotional distress can be a form of personal injury. Indeed, compensation for distress is common in many personal injury claims in Oklahoma. It’s typically a critical component of the broader category of “pain and suffering” damages, which also covers physical pain and injuries.
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SPEAK TO AN ATTORNEY TODAYCan You File an Emotional Distress Lawsuit?
Yes, it’s possible to file a lawsuit in Oklahoma specifically for emotional distress. You (the plaintiff) can pursue a claim or sue for infliction of emotional distress if the defendant’s (the party you’re suing) extreme and outrageous conduct led to you developing and experiencing severe emotional distress. The defendant’s actions may be:
- Intentional
- Negligent
- Reckless
There are two primary types of emotional distress lawsuits.
Intentional Infliction of Emotional Distress (IIED)
IIED is a tort governed and recognized by the principles outlined in Oklahoma Restatement (Second) of Torts §46. Under state law, a person can seek compensation for severe emotional distress caused by another individual’s extreme and outrageous conduct. However, for the claim to succeed, you, the plaintiff, must prove that the defendant’s actions were intentional, so reckless, and outrageous that a civilized society will find them intolerable and atrocious.
Negligent Infliction of Emotional Distress (NIED)
NIED occurs when a person’s negligence or carelessness causes another to suffer severe emotional distress. As the plaintiff, you must prove that the defendant’s negligent or careless actions caused you direct emotional harm. You must also provide evidence of some form of physical manifestation of the emotional distress for your NIED case to succeed.
When Can You Use Emotional Distress as Part of a Personal Injury Claim?
It’s more common to seek compensation for emotional distress as one of the compensable elements of a personal injury claim or lawsuit in Oklahoma. Depending on the circumstances surrounding the case, emotional distress can take the form of:
- Mental anguish
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
Many types of personal injury cases can lead to the above conditions, from motor vehicle crashes to animal bites. Here are some examples of such scenarios.
Motor Vehicle Crashes (MVCs)
MVCs are among the leading causes of physical injuries and emotional turmoil in the United States. Indeed, the latest available data from the U.S. CDC shows that in 2022 alone, there were over 2.6 million emergency department visits for MVC-caused injuries. Such incidents also took the lives of nearly 44,000 people and resulted in over $470 billion in total costs.
Getting into a car crash that was not, in any way, your fault can result in physical injuries like lacerations and broken bones. The trauma you experience can also lead to mental anguish and emotional distress. For instance, you may develop an anxiety disorder or PTSD.
Slip and Fall Incidents
Emotional distress, including anxiety and PTSD, can also result from premises liability cases involving slip and fall injuries. A fall can induce fear and panic, and the physical pain caused by injuries can trigger many adverse emotional responses. Sometimes, the symptoms may even be so severe (for instance, in the case of PTSD) that they can interfere with one’s daily life.
Dog Bites
Dogs are adorable and affectionate, but can also be highly protective and fiercely loyal. Such traits can trigger them to bite other animals, even people. Indeed, dog bites are quite common in the U.S.; according to the American Veterinary Medical Association (AVMA), an estimated 4.5 million people experience them yearly.
Being the victim of a dog attack and bite can be very traumatic. The pain and suffering from the bite injury can be enough to cause someone emotional distress. The trauma can also lead to anxiety and PTSD, especially when encountering other dogs and animals.
Should You Hire a Personal Injury Lawyer to Prove Emotional Distress?
Yes. You should consult an attorney for personal injury law insights and legal representation.
With a personal injury lawyer on your team, you can rest easy knowing someone highly adept, knowledgeable, and skilled in tort law and injury claims and lawsuits will fight for and protect your rights. They will also help you build a solid case with credible evidence proving that the defendant’s negligence, actions, or both caused you not just physical harm but emotional distress, too.
For example, your highly skilled personal injury attorney will consult with your doctors and other mental health professionals. They’ll gather testimonies highlighting how your injury has caused pain, suffering, and emotional distress. They’ll also investigate the defendant, including their background (e.g., if they have a history of causing others harm), to further strengthen your case.
Partner With BDIW for Your Personal Injury Case
Is emotional distress a personal injury? Now you know it can be a compensable form of injury under Oklahoma law. However, it can still be difficult and time-consuming to prove, especially if you’re still trying to recover from all your other injuries.
For those reasons, we highly encourage you to consult with BDIW, Boettcher, Devinney, Ingle, and Wicker. Our law firm, which has offices in Ponca City, Stillwater, Tulsa, and Edmond, OK, is proud to have a team of highly seasoned attorneys with over 65 years of combined experience in successfully handling and representing victims of personal injury cases. Our entire team will strive to protect your rights and get you the best possible results for your case.
Reach out today to schedule your free consultation.
