Can I Recover Emotional Distress Damages in Washington?

If you suffered injuries in an accident caused by someone else’s negligence, you may be entitled to recover a wide range of damages by filing a personal injury lawsuit. In addition to recovering compensation for medical expenses, lost wages, and other pecuniary losses, you may also be eligible to pursue emotional distress damages in Washington. These types of damages are meant to compensate for the psychological and emotional impact of your accident-related injuries.

What is Emotional Distress?

Emotional distress is a common injury suffered by accident victims. It refers to the psychological pain and mental anguish felt as a result of the accident. In many cases, emotional distress can be just as debilitating as a physical injury. A victim who suffers from emotional distress after an accident may experience a wide range of symptoms, including:

• Post-traumatic stress disorder (PTSD)
• Depression and anxiety
• Sleep problems and insomnia
• Mood swings
• Cognitive changes
• Anger and irritability
• Loss of interest in activities

Emotional distress can manifest in physical symptoms as well. These can include headaches, digestive issues, muscle tension, and fatigue. Some people may also experience chest pains, heart palpitations, or have difficulty breathing.

What Types of Emotional Distress Claims Can You File?

There are two types of emotional distress claims a victim may be entitled to file in Washington state: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). To assert an IIED claim, you must show that the defendant’s conduct was extreme and outrageous. Specifically, the defendant must have acted intentionally or recklessly in inflicting the emotional distress, which caused you to suffer severe emotional harm.

In contrast, an NIED claim doesn’t require proof of intentional harm. It only requires showing that the defendant was careless — and they caused the accident that resulted in your emotional distress. In order to prevail in an NIED claim, the emotional distress must have been significant and foreseeable.

How are Emotional Distress Damages in Washington Proven?

Emotional distress falls within the category of non-economic damages in a personal injury action. While these types of damages are subjective and difficult to quantify, a wide range of evidence can be used to prove emotional distress. Importantly, you must be able to provide evidence that establishes a causal link between the accident and the emotional distress you suffered.

The following evidence can be helpful in proving emotional distress damages in Washington:

• Medical records — Medical documentation from therapists, psychiatrists, psychologists, and other providers that detail the injuries can be essential to prove emotional distress after an accident.
• Expert testimony — A mental health expert’s testimony can help to validate a claim of emotional distress. For instance, a psychiatrist or psychologist can discuss the effects of the distress and the impact it had on your life.
• Testimony from family and friends — Witness testimony from people who have observed changes in your emotional state, behavior, and mood can be useful to demonstrate the emotional harm you suffered in connection with an accident.
• Testimony from coworkers — Coworker testimony can provide evidence concerning how the emotional distress affected your ability to carry out your employment-related duties.
• Correspondence — Emails, letters, texts, and other correspondence that reflect the emotional toll the accident had on your life and livelihood can be vital evidence in a claim for emotional distress.

Additionally, you should keep a daily log or journal that documents your emotional state each day. Entries should be made documenting your sleep patterns, physical and emotional symptoms, and any struggles you faced because of the distress. A consistent journal can not only help you remember the details of your emotional state, but it can also make your claim more credible.

How are Emotional Distress Damages Calculated?

A claim for emotional distress can be brought by itself or in connection with other injuries. Unlike a claim for economic damages, which is straightforward, there is no formula to calculate a monetary amount of compensation for emotional distress damages in Washington. However, there are multiple ways to determine an appropriate amount of compensation for pain and suffering damages as a whole. Some methods include using a multiplier or per diem argument.

At our firm, we believe that emotional distress is deeply personal — and so is the way we approach our case. We don’t rely on cookie-cutter formulas or generic estimates. Instead, we take the time to understand how your injury has truly affected your life: the stress, anxiety, loss of enjoyment, and changes to your daily routines and relationships. Our goal is to tell your story with clarity and compassion, so the emotional toll of your experience is fully recognized and fairly valued.

Contact an Experienced Washington Personal Injury Attorney

The facts and circumstances of every personal injury matter are unique. A knowledgeable personal injury attorney can best advise you regarding the value of your injuries and ensure you don’t settle for less than you deserve for the harm you suffered. With locations in Burien and Bellevue, Herron Law Office, PLLC is committed to recovering the full amount of monetary recovery to which you’re entitled for your physical and emotional injuries. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.