Compensation for Emotional Distress in Colorado Personal Injury Lawsuits

In Colorado, personal injury lawsuits can include claims for emotional distress alongside physical injuries.

At McQuaid Injury Law, we understand that accidents can cause both physical and emotional trauma. We specialize in helping clients who have experienced emotional distress resulting from personal injuries, including car and truck accidents, motorcycle collisions, and dog bites. We’re committed to supporting you through the recovery process and fighting for the compensation you deserve.

While we deeply sympathize with those affected by partner abuse, molestation, and workplace abuse, we have chosen to focus specifically on accident-related trauma cases to provide the best possible representation for our clients.

Emotional distress covers a range of psychological impacts, such as anxiety, depression, and post-traumatic stress disorder (PTSD). The legal system in Colorado recognizes two main types of emotional distress claims:

1. Negligent Infliction of Emotional Distress (NIED)
2. Intentional Infliction of Emotional Distress (IIED)

Historical Context and Legal Evolution

The recognition of emotional distress as a compensable injury has evolved significantly over time. Historically, courts were reluctant to award damages for purely emotional harm due to concerns about fraudulent claims and difficulties in quantifying psychological injuries. However, as our understanding of mental health has advanced, the legal system has increasingly recognized the validity and importance of emotional distress claims.

In Colorado, this evolution is particularly noteworthy. The state was among the first jurisdictions in the United States to allow recovery for mental anguish. This progressive stance has continued, with Colorado courts refining their approach to emotional distress claims over the years.

Types of Emotional Distress Claims

Negligent Infliction of Emotional Distress (NIED):

NIED claims typically apply when someone witnesses a loved one’s injury or death due to another’s negligence. To succeed in an NIED claim, plaintiffs generally must prove:

• The defendant’s negligent conduct
• A close relationship to the injured party
• Presence at the scene of the accident
• Resulting severe emotional distress

Intentional Infliction of Emotional Distress (IIED):

IIED claims involve cases where the defendant deliberately caused emotional harm through extreme and outrageous conduct. Elements of an IIED claim include:

• Extreme and outrageous conduct by the defendant
• Intent to cause severe emotional distress (or reckless disregard for the probability of causing it)
• Severe emotional distress experienced by the plaintiff

Proving Emotional Distress

Demonstrating emotional distress in court requires several key elements:

• The plaintiff must show that their emotional distress is a direct result of the defendant’s actions.
• Courts consider the intensity and duration of the emotional suffering. Mild or fleeting distress is generally not sufficient for a successful claim.
• In IIED cases, the plaintiff must prove that the defendant’s conduct was “extreme and outrageous” by societal standards.
• Mental health professionals often play a crucial role in validating and explaining the nature and extent of emotional distress.
• While not always required, physical symptoms resulting from emotional distress (e.g., insomnia, weight loss) can strengthen a claim.

Compensation for Emotional Distress

Damages awarded for emotional distress can cover various costs:

• This includes costs for therapy, counseling, and psychiatric treatment.
• Compensation for income lost due to the inability to work as a result of emotional distress.
• Non-economic damages to compensate for the emotional anguish experienced.
• In some IIED cases, additional damages may be awarded to punish particularly egregious conduct.

Colorado law sets certain limits on compensation. There is a cap of $250,000 plus inflation for noneconomic damages in most civil cases. This cap affects the amount a plaintiff can receive for pain and suffering.

Building A Strong Case

To build a strong case, victims often need to provide:

• Medical records
• Testimony from mental health professionals
• Personal accounts of emotional suffering

It’s important to note that Colorado has a statute of limitations for filing emotional distress claims. Generally, plaintiffs have two years from the date of the incident to file a lawsuit. Exceptions may apply for minors or cases involving fraud.

Emotional distress claims can arise from various situations:

• Car accidents
• Motorcycle Accidents
• Truck accidents
• Uber/Lyft Accidents
• Slip and Fall Accidents

The psychological impact of these events can be long-lasting and severe. Symptoms may include:

• Persistent anxiety or fear
• Depression
• Sleep disturbances
• Difficulty concentrating
• Flashbacks or intrusive thoughts

Courts consider the severity and duration of these symptoms when evaluating claims. More severe and long-lasting effects typically result in higher compensation awards.

Expert testimony plays a crucial role in emotional distress cases. Mental health professionals can provide insights into:

• The nature and extent of the psychological harm
• The likely duration of the emotional distress
• Necessary treatments and their costs

Treatments for emotional distress may include:

• Cognitive-behavioral therapy
• Medication management
• Group therapy sessions
• Stress reduction techniques

The costs of these treatments can be significant, and courts may award compensation to cover both current and future expenses.

In some cases, bystanders who witness traumatic events may also be eligible for compensation. Colorado law recognizes that witnessing a severe injury or death of a loved one can cause significant emotional harm.

What to do to have a strong emotional distress case

Building a strong emotional distress claim requires careful documentation and expert support. Victims should:

• Seek prompt medical attention for psychological symptoms
• Keep detailed records of all treatments and medications
• Document how the emotional distress affects daily life
• Gather statements from friends and family about observed changes

An experienced personal injury attorney can help navigate the complexities of emotional distress claims in Colorado. They can assist in gathering evidence, working with expert witnesses, and negotiating with insurance companies.

While emotional distress can be challenging to quantify, it is a valid and important aspect of many personal injury cases. Colorado’s legal system aims to provide fair compensation for both the physical and emotional impacts of negligent or intentional harmful acts.