PTSD, Flashbacks, Anxiety, Depression: When to Sue for Emotional Distress

The emotional distress resulting from an accident that’s not your fault is considered one of several legally defined elements of the pain and suffering many accident victims experience… pain and suffering for which they can be compensated by filing personal injury lawsuits against the people, companies, or organizations responsible for their injuries. Under Michigan law, pain and suffering awards can be given for what are legally called “non-economic damages,” the amount of compensation to which plaintiffs are entitled based upon the degree of malicious behavior or negligence exhibited by a defendant — including the suffering and emotional distress (among many other factors) experienced by the victim. The more negligent or intentional a defendant’s bad actions, and the greater a victim’s suffering or loss, the higher an award for pain and suffering is likely to be for the injured plaintiff. Indeed, as we noted in a previous article, there is no set amount, or even any guidelines, for gauging the amount of pain suffered by an injury victim. In fact, awards for pain and suffering can vary widely depending on the state where the incident occurred. Typically, there isn’t a maximum limit on amounts that can be claimed for non-economic damages. However, some states have established caps on specific types of damages, which means there is a maximum amount that can be awarded in particular personal injury lawsuits. For instance, in Michigan there are defined caps on pain and suffering damages in both medical malpractice and product liability cases. This year (2024) the maximum award permitted in Michigan for medical malpractice is capped at $1,016,000, and product liability awards cannot legally exceed $500,000. As a result, if a higher amount than those damage limits is awarded, the judge must reduce the award to the state-mandated limit. But Michigan has no limits on awards that juries can make for many other types of pain and suffering cases.

What Exactly Is Considered “Pain and Suffering?”

We’ve already alluded to a number of types of well-defined pain and suffering that accident victims often experience, including post-traumatic stress disorder (PTSD), various forms of depression and anxiety, loss of companionship (also known by the formal legal term “loss of consortium”), and more. In another article we cataloged dozens of other types of damages that can be included in the broad category of “pain and suffering,” and there are probably many others beyond those on our list. But to name just a few, we described in that article physical impairment, sexual dysfunction, damage to one’s reputation, permanent serious disfigurement, loss of enjoyment of life, loss of quality of life, and, of course, emotional distress (which is the topic of today’s article).

How Does Emotional Distress Specifically Relate to Personal Injury Law?

Emotional distress consists of a broad category of experiences that can impact the life and happiness of an innocent accident victim. It can include (but isn’t limited to) feelings of shock, fear, mortification, indignity, nervousness, embarrassment, grief, anxiety, terror, apprehension, humiliation, and depression, but more specifically it also relates to lingering anguish, sporadic anger, and recurring bouts of sadness. Michigan law attempts to spell out the meaning of emotional distress in this language included in the state penal code: “‘Emotional distress’ means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.” In other words, while it’s always helpful to have a medical professional, a psychologist, or a counselor attest to a victim’s state of emotional distress, it’s not essential in proving that someone has faced (and will likely continue to experience) this terrible form of mental pain and suffering following an injury that isn’t their fault. As you may imagine, emotional distress is a very human experience that can return to haunt people again for months, years, or even their entire lives. And with no state limitation on this type of award, sums awarded to victims can be astronomical. Consider, for example, the $75 million wrongful death award we just won for a Michigan family whose son’s life was cut short by the actions of “friends” who provided him with an illegal drug when he believed they were providing him with Adderall to help him study. (And then the so-called “friends” callously filmed the victim as he died before their eyes and posted their video to the internet!) No wonder the jury recognized the emotional distress experienced by this victim’s family (which was noted in courtroom testimony proving their loss of companionship and, of course, describing the family’s current and future pain and suffering).

Save Yourself from Emotional Distress

Mike Morse Law Firm will be there to support you throughout your personal injury case and doing our best to relieve you from stress so you can concentrate on recovering from your injuries. And you won’t pay a cent out of your pocket to have our professional representation. So don’t let fear, anxiety, depression, or any other types of emotional distress stand in the way of seeking compensation for what someone’s negligence or bad actions have done to cause pain and suffering in your life. Pick up the phone and call us immediately at 855-MIKE-WINS (855-645-3946) or contact us right here.