Ross F. Mann | April 10, 2025 | Personal Injury
In personal injury law, the physical injuries sustained in an accident are often the most visible and immediate concerns. However, emotional distress resulting from those injuries can be just as significant. In some cases, it can be the most devastating component of a victim’s injuries. In Kentucky, if you have suffered emotional distress as a result of someone else’s negligence or intentional actions, you may be entitled to compensation.
Understanding the grounds for suing for emotional distress is essential. When you work with an experienced personal injury lawyer, you will gain an understanding of how Kentucky law applies to these claims and how victims can seek justice and compensation. Whether you’ve experienced trauma following a car accident, slip and fall, or workplace accident, an experienced legal team can help you secure fair compensation.
What is Emotional Distress?
Emotional distress refers to the psychological impact and suffering caused by an accident or injury. Unlike physical injuries, emotional distress is less tangible. But this does not make it any less important. It can manifest in many ways. This can include anxiety, depression, post-traumatic stress disorder (PTSD), sleep disturbances, and a general decline in mental well-being.
In Kentucky, emotional distress claims can be pursued alongside physical injury claims if the emotional harm is a direct result of the accident. Emotional distress can arise from the pain and suffering you endure after an accident, the loss of quality of life, or the trauma of the event itself.
Types of Emotional Distress Claims
Kentucky law allows victims to pursue compensation for emotional distress through two main types of claims:
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress (NIED) occurs when someone’s negligent actions cause you to experience severe emotional distress.
To succeed in a NIED claim, you generally must prove:
- The Defendant’s Negligence: The defendant must have acted negligently, causing the event that led to your injury. This could be a car accident, slip and fall, or any incident where the defendant failed to exercise reasonable care.
- Severe Emotional Distress: You must prove that the emotional distress you suffered was severe and significant. This can be difficult to quantify. You may need medical records, psychiatric evaluations, or expert testimony to support your claim.
- Causation: You must show that the defendant’s actions directly caused your emotional distress. For example, if you were in a car accident and developed anxiety or PTSD, you could potentially seek compensation for emotional distress.
These elements can be difficult to prove, but a skilled personal injury lawyer will be able to help.
Intentional Infliction of Emotional Distress
In some cases, emotional distress may result from intentional acts (IIED) rather than negligence. For example, if someone deliberately threatens or harasses you, you may have a claim for intentional infliction of emotional distress.
To pursue an IIED claim in Kentucky, you must prove:
- The Defendant’s Extreme or Outrageous Conduct: The defendant’s behavior must be beyond what would be considered acceptable or reasonable. This could include harassment, threats, or an intentional act that directly causes emotional harm.
- Intentional or Reckless Actions: The defendant must have acted with the intent to cause you emotional harm. Alternatively, the defendant must have acted recklessly with disregard for the emotional impact their actions would have on you.
- Severe Emotional Distress: Like NEID claims, you must prove that the emotional harm you experienced was severe and genuine.
These claims have the potential to add even more stress to victims’ lives. Compassionate legal guidance can ease some of that stress.
Examples of Emotional Distress in Personal Injury Cases
There are many scenarios where emotional distress may arise from a personal injury case.
Some common examples include:
- Car Accidents: Victims of car accidents may suffer from anxiety, PTSD, or depression.
- Slip and Fall Accidents: Victims may experience emotional distress from the trauma of falling or the injuries that result.
- Workplace Injuries: If you are injured at work, you may suffer emotional harm if the injury prevents you from returning to work.
- Wrongful Death: The death of a loved one due to someone else’s negligence can result in significant emotional suffering for the surviving family members.
These are only a few of the many different instances where emotional distress could arise from a physical injury.
Why You Need an Experienced Lawyer for Your Emotional Distress Claim
Emotional distress claims in personal injury cases can be complex and require the expertise of a skilled lawyer who can guide you through the legal process, gather evidence, and fight for the compensation you are entitled to. A good personal injury attorney will have experience handling both negligent and intentional emotional distress claims and will work tirelessly to achieve the best possible outcome for their client.
Contact the Lexington Personal Injury Lawyers of Ross Mann Personal Injury Lawyers for Help Today
If you were injured in an accident in Lexington, and need legal help, contact our personal injury attorneys at Ross Mann Personal Injury Lawyers, to schedule a free case review today.
We proudly serve Fayette County and the surrounding areas.
Ross Mann Personal Injury Lawyers – Lexington
501 Darby Creek Rd UNIT 48
Lexington, KY 40509
(859) 413-3900