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Can You Sue for Emotional Distress in Denver, CO?

You can sue for emotional distress in Denver, Colorado, under the right circumstances. Emotional distress is a component of non-economic damages, and in many personal injury cases, you can recover for both your financial and emotional losses.   

Unlike economic damages that are easily quantifiable financial losses, emotional distress can be more complex to prove. An experienced Denver personal injury attorney can work with you to recover compensation for the emotional distress you endured after an accident. 

What Are Non-Economic Damages? 

Non-economic damages allow you to recover compensation for the emotional and mental harm you sustain after an accident. 

In addition to emotional distress, your non-economic damages may consist of the following: 

A personal injury attorney can help you assess the totality of your damages, including emotional distress, and pursue full compensation for your losses.  

How Do You Prove Emotional Distress?

Under most circumstances, the best ways to prove emotional distress are through: 

  • Your own testimony. Its effectiveness depends on your own credibility and persuasiveness.
  • Eyewitness testimony: Testimony from friends, family, and eyewitnesses regarding your behavior. This testimony, because it comes from someone other than you, is likely to be more persuasive than your own testimony.
  • Expert witness testimony: In this case, your expert would likely be a counselor, a psychologist, or a psychiatrist. This kind of testimony can be very persuasive.  
  • Medical records. Medical records can show your diagnoses, the treatments you received, medications prescribed, therapy sessions attended, 

Your lawyer might be able to find additional ways of proving your emotional distress through journals and other relevant evidence. 

Emotional Distress in a Personal Injury Claim

Many personal injury claims involve physical injuries. However, you can also receive compensation for many different elements of non-economic damages, including emotional distress.  

To win a personal injury claim based on negligence, you need to prove:

  • The defendant owed you a duty of care
  • The defendant breached their duty of care
  • The defendant’s breach of duty is what caused your injury
  • Your injury was foreseeable to a reasonable person
  • You suffered damages

If you can prove that the opposing party acted negligently, you may be able to recover damages for emotional distress. 

The following are a few examples of circumstances that might justify adding emotional distress to your claim for non-economic damages in a personal injury case:

  • A child suffers a lifelong phobia of dogs after a dog attack.
  • Someone injured in a severe car accident might suffer paralyzing fear at the thought of ever driving or riding in a car again.
  • A teenager is afraid to walk to school after being hit in a crosswalk by a speeding motorcycle. 

Your emotional distress claim might turn out to generate more compensation than your claim for medical expenses.

Emotional Distress in a Wrongful Death Claim

A wrongful death claim arises when a victim is killed through negligence or wrongdoing. Wrongful death laws allow families to recover compensation after tragically losing a loved one. Colorado allows compensation for emotional distress as well as grief and loss of companionship. A dedicated personal injury lawyer can help your family pursue much-needed compensation during this challenging time. 

Steps to Take After an Accident to Protect Your Right to Sue for Emotional Distress

Accident scenes can be traumatic for everyone involved. However, preparing for the aftermath of an accident and injuries can help you be more protected when the unexpected happens.

Take the following steps after an accident occurs: 

  • Seek medical treatment immediately 
  • Alert law enforcement and get to a safe location  
  • Exchange applicable insurance and contact information
  • Take photos and videos of the accident scene and your physical injuries 
  • Document what occurred at the scene 
  • Notify the insurance company 
  • Consult a Denver personal injury lawyer 

Speaking with a personal injury attorney as soon as possible can help protect your right to pursue compensation for your emotional distress.  

How a Denver Personal Injury Lawyer Can Help You Sue for Emotional Distress in Denver

Dealing with the overwhelming stress of an accident can leave you frustrated and wondering what’s next. Consulting an attorney is a great place to start in the aftermath of an accident. 

A Denver personal injury lawyer can do the following for your case: 

  • Investigate the cause of your accident and injuries 
  • Gather relevant evidence
  • Discuss your legal options 
  • Devise a strategy tailored to your case 
  • Assess the full extent of your damages, including emotional distress 
  • Communicate with the insurance company and defense attorneys
  • Negotiate for a fair settlement  
  • Represent you at trial if necessary 

After an accident, it is crucial that you focus on healing emotionally, mentally, and physically. You should not have to deal with the financial toll that a personal injury can take on an accident victim. A skilled Denver personal injury lawyer can help you navigate the personal injury claim process and pursue compensation for your emotional distress. 

Contact our Denver Personal Injury Law Firm Today For Help

For more information please contact Zaner Harden Law, LLP to schedule a free initial consultation with a Denver personal injury lawyer.

Zaner Harden Law, LLP

1610 Wynkoop Street, Suite 120. Denver, CO 80202
(720) 613 9706
24/7

Where We Are

We are located across the street from Union Station in downtown Denver and offer validated parking for all our clients. We also have offices in Boulder and Colorado Springs.