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How Much Can I Sue for Emotional Distress in Wyoming?

When you’ve been involved in an accident, physical injuries and medical bills are often expected negative impacts. What many people overlook, though, is the mental anguish and emotional pain that accident victims often suffer. 

After an accident, it is normal to feel angry, depressed, helpless, confused, or anxious. You have been through a traumatic experience and the emotional harm you have suffered should not be ignored. 

 The good news is that you may be able to add emotional distress damages to your personal injury claim. An experienced personal injury lawyer will be able to help you determine what damages you can seek in your accident case. 

 If you believe you are experiencing emotional trauma as a result of your accident, read on. We will outline common causes and symptoms of emotional distress, the amount of compensation you may be able to seek, and whether contacting an injury attorney is right for you. 

What Are Common Causes of Emotional Distress? 

There are many potential causes of emotional suffering. Some of them include: 

  • Significant life changes, such as the loss of a loved one, financial struggles, or relationship problems 
  • Traumatic events, such as a car accident 
  • Mental health conditions 
  • Chronic physical pain 
  • Loneliness or isolation 
  • Harassment, abuse, or discrimination

What Are the Types of Emotional Distress Lawsuits? 

In an emotional distress case, the type of claim available for you to make will depend on the circumstances present in your case.  Two types of emotional distress claims recognized in Wyoming are:  

Intentional infliction of emotional distress (IIED) 

In an IIED case, the plaintiff must prove that the defendant intentionally or recklessly caused them severe emotional distress.  

To make a successful IIED claim, the plaintiff must prove the following: 

  • The defendant acted in an extreme and outrageous manner 
  • The defendant intentionally or recklessly caused the plaintiff severe emotional harm.  
  • The plaintiff’s emotional distress was the result of the defendant’s outrageous conduct 

Negligent infliction of emotional distress (NIED) 

NIED, on the other hand, does not require the plaintiff to prove intent—the defendant’s actions may have been accidental. You must instead prove that the defendant was negligent and the negligence was the proximate cause of the plaintiff’s mental injuries. 

In Wyoming, NIED can be claimed when a plaintiff witnesses the death or serious bodily injury of a relative or the immediate aftermath of such so long as there was no change to the condition and location of the relative.   

 This area of personal injury law can quickly become complicated. It is a good idea to speak with a personal injury lawyer to determine whether you have an emotional distress case based on the circumstances surrounding your accident and the evidence that is available. 

What Are Signs of Emotional Distress? 

Some amount of stress, frustration, and anger is normal and is simply a part of being a human. But if you are experiencing an extreme level of unpleasant emotions, you may be experiencing emotional distress. This may result in changes to your daily routine or even your personality. 

 Emotional distress can cause a number of negative impacts on a person’s life. Some symptoms of emotional distress include: 

  • Post-traumatic stress disorder (PTSD) 
  • Anxiety and depression 
  • Lack of enjoyment in daily activities 
  • Lack of motivation at work or school 
  • Changes in sleep habits
  • Newly developed phobias 
  • Inability to focus 
  • Memory problems

 The impacts of mental distress do not just manifest in emotional ways, either. Physical symptoms of emotional trauma include: 

  • Migraines 
  • Weight loss or gain 
  • Tremors 
  • Muscle tightness 
  • Chest pain or increased heart rate 
  • Dizziness 
  • Digestive problems 
  • Changes in sexual health

 Mental suffering can impact your well-being in all aspects of life. If you or a loved one is struggling with emotional anguish after an accident, seek help as soon as you can. Medical treatment, therapy, or other options may be available to you. 

How Much Can I Sue for in an Emotional Distress Claim? 

Every personal injury case is different. It is not possible to accurately estimate the monetary value of a case without knowing the unique circumstances surrounding it. 

 Some emotional distress cases have settled for $30,000-$50,000, while others are worth up to hundreds of thousands of dollars. This does not mean your settlement will necessarily fall in this range, however. 

 The best way to determine how much your case is worth is to speak to a personal injury attorney. They will be able to offer you a free consultation, determine whether you have a valid case, and help you obtain fair compensation for all of your damages. 

What Other Damages Can I Seek in a Wyoming Personal Injury Case? 

In addition to non-economic damages, like pain and suffering, you may be able to seek compensation for the following economic damages: 

  • Medical bills 
  • Lost wages and loss of future earnings
  • Property damage 
  • Funeral and burial expenses, in the event of wrongful death 

How Can a Wyoming Personal Injury Attorney Help Me? 

Personal injury claims can be tricky to settle on your own. If you have suffered serious physical and emotional harm, it is wise to consult with a personal injury lawyer to determine your legal options. 

 The at-fault party’s insurance company will likely put up a fight before offering a fair settlement for your damages. Your attorney can help you keep track of medical records, compile evidence, and negotiate with the insurance provider. 

 If your case cannot be settled in negotiations, or if the statute of limitations is about to expire, your attorney will help you file a personal injury lawsuit. They will represent you in court and find expert witnesses to testify if necessary.  

 When you’re already navigating your physical injuries and emotional trauma, adding the stress of a personal injury case to your plate may feel like too much. An attorney with The Advocates personal injury law firm will take on the stressful part of the claims process for you, so you can focus on feeling better. 

You don’t have to go through the recovery process alone. Contact The Advocates today for a free case evaluation. You deserve an attorney who truly cares about your well-being. You deserve an Advocate.