Introduction

In the aftermath of an accident, the physical injuries you endure are often the most obvious and pressing. However, the emotional toll can be just as significant, if not more so. Fear, anxiety, depression, and even post-traumatic stress disorder (PTSD) are common responses to traumatic events. If you’re struggling with emotional distress after an accident, you might be eligible to file a claim to seek compensation for the mental and emotional harm you’ve suffered.

Here’s what you need to know about filing a claim for emotional distress in New York.

Understanding Emotional Distress Claims

Emotional distress refers to the psychological impact caused by an accident, including but not limited to:

• Anxiety or Depression: Persistent feelings of sadness or worry that interferes with daily life.

• PTSD: Flashbacks, nightmares, or an overwhelming fear related to the accident.

• Sleep Disorders: Insomnia or other disturbances caused by the trauma.

• Loss of Enjoyment: An inability to participate in activities you once loved.

These damages are considered "non-economic" because they don’t have a fixed monetary value, unlike medical bills or lost wages. Proving these damages can be more complex, but it is absolutely possible with the right evidence and legal strategy.

Steps to Filing a Claim for Emotional Distress

1. Seek Professional Help Immediately

Your emotional well-being is a priority, and seeking therapy or counseling is the first step. A licensed mental health professional can diagnose your condition and document how the accident has impacted your life. Their records will play a crucial role in proving your claim.

2. Document Everything

Keep a journal to track your symptoms, feelings, and how your life has been affected. Include details about missed work, difficulties in relationships, or changes in daily routines. These personal notes can add a compelling human element to your case.

3. Work with an Experienced Attorney

Emotional distress claims require a deep understanding of personal injury law and the ability to build a persuasive case. At Lockamy & Associates, we’ll guide you through the legal process, gather evidence, and connect you with expert witnesses to strengthen your claim.

4. Provide Supporting Evidence

Besides mental health records and your own documentation, other forms of evidence may include:

• Testimony from family and friends about changes in your behavior.

• Statements from employers or colleagues about your work performance.

• Expert testimony from psychologists or psychiatrists.

5. Determine the Value of Your Claim

Emotional distress damages are calculated based on the severity of your suffering, its impact on your daily life, and how long you’re expected to endure these challenges. While there’s no fixed formula, an experienced attorney can help estimate a fair compensation amount based on precedent and the specifics of your case.

Considerations Specific to New York

• Comparative Negligence: New York’s comparative negligence rules may impact your claim if you’re partially at fault for the accident. This could reduce the compensation you’re awarded, so it’s critical to build a strong case that demonstrates the other party’s liability.

• Statute of Limitations: In New York, you generally have three years from the date of the accident to file a personal injury claim. Don’t wait too long to start the process, as evidence can degrade over time.

• Threshold Requirements: Emotional distress claims often accompany physical injury claims, but even if you weren’t physically injured, you might still qualify if you can prove severe emotional harm caused directly by the accident.

Why Work with Lockamy & Associates?

Emotional distress claims are deeply personal and legally complex. At Lockamy & Associates, we’ve helped countless clients in New York navigate these challenging cases with care and expertise. We understand the nuances of emotional distress claims and will fight tirelessly to secure the compensation you deserve for the suffering you’ve endured.

Take the First Step

If you’re considering filing a claim for emotional distress after an accident, don’t go it alone. Contact Lockamy & Associates today for a free consultation. Let us help you reclaim your life and hold those responsible for your pain accountable.