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Can Emotional Distress Be Considered a Personal Injury?

A personal injury can be a life-altering experience, often leading to physical, emotional, and financial consequences. While personal injury commonly refers to physical harm, it is essential to recognize that emotional distress can also be a significant component of the damage inflicted. In this blog post, we will explore the concept of emotional distress as a personal injury, its adverse effects, the major types of personal injury, and Indiana laws related to personal injury. 

If you or a loved one have experienced emotional distress due to an accident or incident, the legal team at Arshad, Pangere, and Warring LLP is here to help.

Indiana Laws About Personal Injury

A personal injury occurs when an individual suffers physical or emotional harm due to another party’s negligence, recklessness, or intentional actions. Personal injuries can arise from various incidents such as car accidents, workplace accidents, medical malpractice, slip and falls, and more. It is crucial to remember that personal injury encompasses physical harm and emotional distress resulting from such incidents.

In Indiana, individuals who have suffered personal injuries have a limited time frame within which they can file a claim. The statute of limitations generally requires a lawsuit to be filed within two years from the date of the injury. However, consulting with an experienced personal injury attorney is crucial to ensure compliance with all relevant laws and deadlines.

The Negative Effects of Personal Injury

Personal injuries can have far-reaching consequences, impacting various aspects of a person’s life. Physical injuries often result in pain, suffering, medical expenses, and the potential for long-term disability. 

Emotional distress, on the other hand, can manifest as anxiety, depression, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and strained personal relationships. Recognizing and addressing emotional distress is crucial to a comprehensive recovery after a personal injury and can be included in overall compensation.

Types of Personal Injury:

Personal injury cases encompass a wide range of scenarios. Some of the most common types of personal injury include:

  1. Motor Vehicle Accidents: Car, motorcycle, truck, and pedestrian accidents can cause severe physical injuries and emotional trauma.
  2. Workplace Accidents: Injuries sustained while working can result in physical harm, emotional distress, and financial strain.
  3. Medical Malpractice: Negligence or misconduct by healthcare professionals can lead to physical injuries and emotional trauma for the patient.
  4. Premises Liability: Slip and fall accidents, inadequate security, or dangerous property conditions can cause injuries and emotional distress.

Why Hire a Lawyer After a Personal Injury

While some personal injury claims can be straightforward, many cases involve complex legal procedures, insurance negotiations, and the need to gather extensive evidence. In the case of emotional injury, it is critical to include mental health stressors and components as they pertain to a topic. 

For some individuals, the emotional toll of an accident or injury may follow them for years without intervention. Consulting with a legal team regarding your injuries and emotional distress does impact a case, and you can receive compensation for your injuries. Contact our Arshad, Pangere, and Warring LLP team to schedule a consultation regarding your case.

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