After you're in an accident, you may feel that the effects go beyond just the damage to your property. You may experience physical injuries, and sometimes those injuries are more than a broken bone or concussion. This is called emotional distress, and there are a few ways to get compensation for it in the state of Tennessee.
What is Emotional Distress?
Emotional Distress, also called mental suffering, is a response to something that happens, most often an accident or traumatic event. You may experience nausea, nightmares, or the inability to perform basic functions and tasks. Emotional distress can also include more severe symptoms, like depression or PTSD.
Can I Get Compensation for Emotional Distress?
In a few words, yes, you can receive financial compensation for emotional distress in the state of Tennessee. However, there are certain requirements your situation has to meet in order to win your case.
For instance, recent emotional distress cases in Tennessee have shown that there is no compensation rewarded for emotional distress when only personal property is involved. In this case from the Court of Appeals in Tennessee, the defendant alleges that the fire to his business and his witness of that fire left him with severe mental injuries and a PTSD diagnosis. While you could argue that this does sound like emotional distress, there was no personal injury and Tennessee courts dismissed the claim. However, had the property damage occured as a result of malice, such as someone setting fire to his business, a Tennessee court may have upheld his claims.
Why Should I File for Emotional Distress?
Filing for emotional distress can be beneficial for recouping damages related to your past and future medical expenses. If doctors believe that your emotional damages require a future treatment plan, you can file a claim that encompasses that plan as well as any bills that have already occurred. You may also be able to file for past and future lost wages if your emotional distress symptoms have affected your ability to work.
Call Chiozza Law for Expert Opinion
If you are unsure about whether you can file for emotional distress, call 901-286-837 to schedule a free consultation with a professional and experienced personal injury lawyer. You can also fill out our contact form and someone will be in contact with you soon.
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