20 October, 2023
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
When you file an insurance claim for damages, you expect to be taken care of. After all, you have been paying your premium consistently and expect to be covered when an accident occurs. In the event that the insurance company denies your claim after an accident, it can add to the stress you are already dealing with. This can also add to your emotional distress. Insurance companies should provide payment for all losses you suffer, including emotional distress. If they do not, you may have the option to sue them. Talk to The Barnes Firm today.
Emotional distress encompasses various losses you can suffer, such as emotional trauma, mental anguish, or pain and suffering. These are intangible losses that result from injury cases. They do not have receipts, so it can be challenging to prove and calculate them.
These losses fall into the noneconomic damages category of your injury claim. Other intangible losses fall into this category. These losses are not any less damaging to your life than tangible ones. Additional losses in this category include:
These damages are more challenging to calculate because they impact individuals differently. Our team of personal injury lawyers at The Barnes Firm will discuss how your injury affects your emotional well-being and life in order to calculate your emotional distress losses accurately.
Car accidents can cause insurmountable pain and emotional suffering for victims and their families. If you experience the following symptoms, after a car accident, it can be a sign that you me be suffering from emotional distress:
You may find ways to cope by accessing mental health resources through your health insurance or community resources. While these resources can help you cope, they have financial requirements that you should get reimbursement for.
Primarily, the person who was in the accident and suffered injuries will be eligible for emotional distress damages. However, New York has claims for negligent infliction of emotional distress that extends to other people considered to be in the zone of danger.
Usually, this is extended to immediate family members and some bystanders. To qualify for these losses, the following must apply to your situation:
Currently, parents, spouses, siblings, children, and grandparents may be eligible to sue for NEID in New York. This is different than when an injury victim sues for emotional distress, but it is an option.
There are several situations where you can sue the insurance company. The first is negligence. This occurs when the insurance company violates its duty to you, by violating parts of the contract, wrongful claim denials, etc. Another scenario is for bad faith actions, which apply in specific situations including when the insurance company does not investigate your claim, is deceptive, or unreasonably denies a claim.
Pain and suffering is another condition that can qualify to sue the insurance company. These damages primarily apply when the insurance company takes egregious actions. The burden of proof will be on you and your New York personal injury attorney to show how the insurance company acted maliciously or negligently.
Once you determine you can sue the insurance company, you can begin taking steps. The first is gathering evidence, such as your correspondence, insurance policy, and other documentation. You should also gather evidence about your initial accident. With this evidence, your personal injury lawyer can file a lawsuit.
You need strong evidence to convince the judge or jury that you deserve compensation for your emotional distress. The kind of evidence you can provide will vary depending on the situation that caused the emotional harm initially. Some evidence that can be useful includes:
You could be awarded various damages when you sue the insurance company for emotional distress. Every case is unique, and you should review individual factors to create an adequate compensation amount. You may qualify to get compensation for the following:
If you have an injury claim open, these damages can be combined with that claim. You will need a strategy to ensure you take the best path towards monetary recovery. Remember, emotional distress and other noneconomic losses are contentious and challenging to calculate.
It is possible to sue the insurance company for emotional distress. Every circumstance is unique, and handling the legal process may be challenging. You have enough on your plate, and the emotional turmoil that can arise from a lawsuit can only make the situation worse. You don’t have to go at it alone. Call our New York personal injury attorneys at The Barnes Firm at (800) 800-0000 for assistance today and for a FREE initial consultation.
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“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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