February 1, 2021 Personal Injury
After an accident, you can suffer from many types of injuries. Many of these injuries are physical, such as broken bones, chronic pain, and disability. Other injuries are psychological, leading to significant emotional distress for the victim.
In Nevada, you have the right to recover compensation for all the damages you suffered in an accident from the liable party—including financial losses, physical injuries, and emotional distress. Emotional distress falls under the non-economic category of damages.
Emotional distress occurs when you experience severe emotional suffering as a result of the accident. While physical harm often contributes to emotional distress, you do not have to experience physical trauma to suffer from this injury. The defendant can intend to inflict emotional distress on you, or you can experience emotional distress due to the defendant’s negligence.
Under Nevada law, you can recover two types of compensation: economic damages and non-economic damages. Economic damages involve the tangible loss of money due to an accident, such as past and future medical expenses, property damage, and disability accommodations. You can also recover compensation for therapy appointments, rehabilitation programs, and lost wages.
Non-economic damages concern the physical and emotional pain that you endured due to the accident, including emotional distress. Non-economic damages may also include the following.
Proving emotional distress can be difficult due to the lack of obvious tangible evidence, such as receipts or invoices. You will need to document and preserve certain pieces of evidence to establish how the accident impacted your mental state.
Proving emotional distress can be complex. It can be difficult to establish the presence of emotional distress symptoms and you may face scrutiny from the court, defense attorneys, and insurance companies. You will also need to ensure that all testimonies are consistent, or your case can face credibility issues.
In these situations, you need an attorney on your side. Your lawyer will advise on how to establish your right to emotional distress damages, how to navigate the litigation process, and what other forms of compensation you may qualify for. Contact a Henderson personal injury attorney as soon as possible to discuss your legal options.