Compensation For Emotional Distress in WA

A personal injury can cause physical pain, and long after the accident, the trauma suffered emotionally is often still very present. Traumatic car accidents, being the victim of violence or of an animal attack, being injured on the job, or any other happening can cause emotional anguish and leave a lasting mark on the victim’s psyche. 

Victim’s psychological damage due to the negligence of another is a form of individual harm that the state of Washington recognizes as very real damage. Following a personal injury in Washington, you may be eligible for reimbursement for the emotional distress that you have endured. 

Emotional Distress Damages Following a Personal Injury in Washington

You may be familiar with the phrase “pain and suffering.” Emotional distress is one of the elements of pain and suffering that may be asked for in a personal injury claim. Pain and suffering refer to damages sustained due to the personal injury. 

These damages are considered non-economic damages. These are harder to put a monetary value upon. But, they affect the victim emotionally and mentally rather than economically. 

Under the pain and suffering category of damages, there are a great variety of damages. Listed below are a few: 

  • Mental distress
  • Psychological stress and anguish
  • Post-traumatic stress disorder (PTSD)
  • Inconvenience
  • Disability
  • Scarring and disfigurement
  • Emotional despair
  • Loss of enjoyment of life
  • Loss of consortium
  • Relationship damage
  • Loss of society and companionship
  • Reputational damage
  • Shame and humiliation

If you have been a victim of any of the above due to a personal injury caused by someone else’s misconduct or negligence, you may be eligible to seek financial compensation through the Washington civil court system. 

How to Prove Non-Economic Emotional Distress Damages

If you or a loved one have suffered non-economic damages due to a personal injury, to be awarded compensation, you must prove these losses. This can be done through witness testimony from loved ones and medical professionals. It is in your best interest to employ an experienced attorney with Elk & Elk.

Our attorneys are compassionate, excellent communicators who will share the goals of our clients. We will fight tirelessly so that you receive the compensation you are entitled to. Reach out today for a free consultation. 

Emotional Distress Damages and Their Limits in the State of Washington

In Washington, there is a cap on personal injury claims filed against the parents of a child whose malicious behavior caused someone else an injury. There is a $5,000 cap on emotional damages when suing the parents. 

Caps on damages are something that it is illegal to make the jury aware of. They will apply to emotional distress compensation following the jury’s finding if the jury grants more than what is permitted by the cap. 

Filing an Emotional Distress Claim in Washington

Fortunately for the victim of a personal injury, Washington state laws for pain and suffering typically favor the injured party. Although, plaintiffs are required to follow certain filing guidelines and deadlines so that the court will agree to hear their cases. The injured party must file their claim for pain and suffering within three years of the discovery of the injury or the date of the accident. 

If you neglect to file within the statute of limitations, you have forfeited your right to file a claim. 

It is Time to Seek Legal Counsel

Elk & Elk has your best interest at heart and wants to restore your life to what it was before your personal injury occurred. Our attorneys are compassionate, excellent communicators who will share our clients’ goals. We will fight tirelessly so that you receive the compensation you are entitled to. Reach out today for a free consultation.