Can I Recover Compensation for Damages to My Mental Health?

If you’ve been involved in an accident or experienced a traumatic event due to someone else’s negligence, your physical injuries might not be the only thing you need to recover from. Mental health injuries or emotional distress can also take a significant toll. In Colorado, you can seek compensation for these types of emotional damages in addition to your physical injuries. 

At Mintz Law Firm, we know how difficult it can be to cope after an accident that affects both your body and mind. If you’ve suffered from mental anguish following a traumatic incident, our experienced attorneys are here to help you fight for the compensation you deserve.

What Is Emotional or Mental Distress?

Unlike physical injuries, emotional distress can be more challenging to diagnose and prove. It encompasses a variety of mental health conditions that can be a direct result of a traumatic experience, such as:

• Anxiety
• Depression
• Sleep disorders
• PTSD

These damages don’t have tangible costs like medical bills or lost wages. However, they are real and can be life-altering. If the trauma you’ve endured has affected your quality of life, you may be entitled to compensation for your suffering.

What Are Legal Standards for Emotional Distress Claims in Colorado?

There are two primary legal standards for emotional distress claims: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). 

Intentional Infliction of Emotional Distress

This occurs when a person’s extreme or outrageous conduct is intended to cause emotional harm to another individual.

To prove IIED, you must show that:

• The defendant’s actions were outrageous or extreme
• They intentionally caused emotional distress or acted with reckless disregard
• The emotional distress suffered was severe and genuine

For example, if someone intentionally harasses you or engages in extreme behavior that causes you severe emotional pain, you may have an IIED claim.

Negligent Infliction of Emotional Distress

On the other hand, NIED happens when someone’s negligence leads to emotional harm, even if they didn’t intend to cause distress. That is more common and arises from situations such as car accidents or slip-and-fall incidents.

There are three types of NIED claims in Colorado:

• Direct Victim Claims: This arises when you, the plaintiff, were physically harmed by someone’s negligence, and the emotional distress stems from that physical injury
• Bystander Claims: This applies when you witness a loved one being injured or killed due to another person’s negligence and suffer emotional distress as a result
• Zone-of-Danger Claims: This occurs when you were placed in immediate danger due to someone else’s negligence and suffered emotional distress, even if you were not physically injured

Each type of emotional distress claim has its own requirements for the legal process, and the one you pursue will depend on the details of your case.

What Are Potential Damages for Emotional Distress?

If you are successful in your emotional distress claim, you may be eligible to receive several types of damages, including:

• Medical expenses: Compensation for therapy or counseling services.
• Pain and suffering: Payment for the emotional and physical distress caused by the incident.
• Lost wages: If your mental health injuries affect your ability to work, you may recover lost income.
• Punitive damages: If the defendant’s actions were particularly egregious, you might be awarded additional compensation to punish their conduct.

While the exact amount of compensation depends on the specifics of your case, an experienced attorney can help you present the necessary evidence and advocate for fair compensation.

Get Legal Guidance From Mintz Law Firm’s Personal Injury Lawyers

If you’ve suffered emotional distress following an accident or traumatic event, it’s important to consult a seasoned personal injury attorney who can help you understand your legal options and work towards fair compensation. At Mintz Law Firm, our personal injury lawyers have decades of experience helping clients recover damages that frequently involve emotional distress. 

If you’ve been affected by emotional distress, call Mintz Law Firm at (303) 462-2999 or complete our contact form to speak to an experienced personal injury attorney for free today.