An aviation accident can have many effects on those who survive the initial crash. Of course, they are likely to suffer some type of physical injury because it is very rare to walk away from this type of accident unscathed. The actual crash itself and the aftermath can also cause an accident victim to suffer emotional distress. The level of distress can be difficult to endure, and it can keep you from living a normal life in the future.
When you can prove someone else was negligent in the accident, the responsible party will need to pay you for both your actual financial losses and the effects that your physical injuries had on you. Thus, you can seek compensation for the emotional distress that you suffered in a plane crash, so long as you suffered any type of physical injury.
The law about when you can sue for emotional distress without a physical injury varies by state, so you should check with a personal injury attorney to see if you are eligible for compensation. Regardless, you need to do everything in your power to seek help for your mental health condition and document that you are suffering from it.
Schedule a free initial consultation with a personal injury lawyer to learn more about your legal rights and whether you have a potential lawsuit against the party responsible for the plane accident. You may be facing a complicated case and need an aggressive lawyer who can demand the compensation you deserve.
Post-Traumatic Stress Disorder from a Plane Crash
A plane crash is an inherently traumatic event. Between the knowledge that the plane may be about to crash and the impact itself, you can suffer both physical and emotional effects. Even after your physical injuries heal, you can have many lingering emotional impacts from the crash. These effects may never completely go away, and they can remain with you for the rest of your life.
Post-traumatic stress disorder is one of the most common forms of emotional distress. This condition is one you might experience after being through a traumatic event. The experience of the crash itself, or the immediate aftermath, can remain with you for the rest of your life. You may have flashbacks to the accident, or you may be afraid to fly again in the future.
Severe PTSD can keep you from leading a productive life. You may be unable to work or have meaningful relationships with other people. At the same time, you may be prone to things like depression, anxiety, or substance abuse. While mental health treatment and medication can lessen some of the effects of PTSD, the condition may never go away entirely. You may experience the following additional effects of PTSD:
- Difficulty eating and sleeping
- Mood changes
- Flashback nightmares
- Not wanting to get on an airplane in the future
- Avoiding any situations that remind you of the trauma
- Difficulty concentrating and paralysis when making decisions
How Emotional Distress Comes Into a Personal Injury Lawsuit
In any type of personal injury case, you are entitled to both economic and non-economic damages when you can prove that someone else was to blame for what happened. Economic damages pay you for the actual financial losses that you have suffered. These damages should cover your medical bills and lost earnings.
Non-economic damages are intended to compensate you for the intangible injuries that you have suffered. In most cases, the bulk of your non-economic damages will be for the pain and suffering that you have endured. Emotional distress is considered part of your non-economic damages because it does not impose actual financial costs on you (although emotional distress can result in your missing time at work, which will lead to lost income).
Negligent Infliction of Emotional Distress
One commits negligent infliction of emotional distress when their careless actions have caused you to develop this condition. The elements of negligent infliction of emotional distress are as follows:
- The defendant owed you the duty of care
- They breached the duty of care by doing something unreasonable under the circumstances
- The actions of the defendant are what directly caused your emotional distress
- As a result of the defendant’s actions, you suffered severe emotional distress
In addition, the emotional distress that you have suffered must have been foreseeable to the defendant. It is usually foreseeable that a victim who suffers injuries in a plane crash will also suffer some type of emotional distress.
Then, the emotional distress must have been severe for you to recover. If you just had a minor upset, or you were shaken up for a short amount of time after the crash, it may not qualify as emotional distress that is serious enough to warrant compensation; these types of cases are more geared to instances where you may have suffered PTSD from the crash.
In other words, there are two major parts of a case for intentional infliction of emotional distress. First, you must prove that the defendant acted negligently in general. Second, you must prove that you actually suffered emotional distress. Your personal injury lawyer first needs to gather evidence that shows that the defendant did something wrong before you even get the chance to prove that you suffered emotional distress.
Depending on the state where you are suing, you might not have the right to file a lawsuit for only emotional distress. There is often a requirement that you have suffered some sort of physical injury before you can also claim emotional distress. However, any type of physical injury will suffice, even if it is minor. So long as you have been hurt in some way, you can seek compensation for emotional distress from the plane crash itself.
Some states allow you to file a lawsuit for emotional distress alone under certain circumstances. Usually, you have to be in the zone of danger yourself. Then, you have to witness a close family member die in the accident. If you meet these requirements, you can file a lawsuit for negligent infliction of emotional distress.
It can be difficult for you to sue for the other type of emotional distress, which is when the responsible party intentionally inflicts it on you. These circumstances are likely not present in a plane accident case involving negligence. To win an intentional infliction of emotional distress case, you need to demonstrate some type of outrageous action calculated to cause you extreme consequences. Thus, any claim for emotional distress must usually be a derivative of your physical injury case.
Seek Mental Health Treatment and Document Your Condition
If you are filing a claim for emotional distress, it is essential to have your condition documented to the fullest extent possible. By its nature, emotional distress is a subjective claim that relies on your reports of your own condition. The insurance company likes to see things on paper because they will not simply take your word for anything. If they accept your story, it means they owe you money, so they try to be as stringent as possible.
You should seek help from a mental health provider as soon as possible. Not only will treatment help your condition, but the provider will also document your condition. They make medical records and treatment notes and diagnose the mental struggles you have. You can use this evidence to prove the extent of your emotional distress when you file a claim.
Further, you must seek treatment as a means of mitigating your own damages. In any personal injury case, you must do whatever is in your power to reduce your damages. When your harm is emotional distress, you cannot simply do nothing and seek money for your condition. The insurance company will want to see that you are doing something to get better.
It May Be Difficult to Quantify Your Damages
When you are dealing with a subjective condition, it may be hard to quantify and prove the amount of your damages. A personal injury lawyer can work with mental health experts to come up with a value for your case. You can expect the insurance company to try to minimize your condition or claim that your case is worth less. Non-economic damages are a prime area of disputes between accident victims and insurance companies. A personal injury attorney will work to ensure your specific story is accurately told so the insurance company does not get away with trivializing your condition. You may need to push back when your condition is being minimized and the full extent of your damages questioned.
Other Challenges in an Emotional Distress Case After an Airline Accident
Besides disputing the fact that you have suffered emotional distress in the first place, a defendant may challenge your case in other ways. Their most effective defense is to deny that they were negligent in the first place. They will use their own facts about the accident to show why they either exercised reasonable care or there were unforeseeable reasons that caused it, such as unexpected weather. Before you can recover any damages for any type of injury you suffered in a plane crash, you need to prove that the defendant was at fault.
Why You Need a Lawyer for a Plane Crash Case
You are always better off hiring a personal injury attorney to help with your lawsuit after an airplane accident. Your personal injury lawyer will first work to gather evidence to prove liability in your case. Then, they will strive to ensure you get compensation for all types of harm you have suffered. You can only get everything you deserve when you know the value of your case. Your personal injury lawyer will work to quantify your damages so you know when and how to fight to ensure that you are fully paid for all of them.
When you are suing for an airline crash, you likely have a case worth a considerable amount of money. Not only have you likely suffered a severe injury, but you may also be dealing with a corporate defendant with a deep pocket. Not only do they likely have a large amount of insurance coverage, but they also have assets necessary to pay what may be a large settlement or judgment. Accordingly, the defendant may have top-shelf attorneys who either fight your claim or minimize the amount of money you receive.
There may also be other victims who were injured or killed in the same plane crash. You may have many other people taking action against the same defendant, seeking to obtain money from the same source. You need a personal injury attorney to look out for your own interests in this situation.
Your personal injury lawyer’s job is to get you top dollar for all of the injuries you have suffered, whether physical or emotional. Your attorney may negotiate a settlement on your behalf, or they may advise you that it is in your interest to litigate your case in court.
When you hire a personal injury lawyer, their services will come without any demand to pay them money upfront. The only thing that a personal injury lawyer asks you to do is sign a representation agreement, which promises that you will pay them if you receive a settlement or award from a jury. Until then, you do not need to pay a personal injury attorney anything for their time and services. If you do not win your case, you will not have to pay your personal injury lawyer at all.
Seek Your Free Consultation With a Plane Crash Attorney Now
If you have experienced emotional distress as a result of a plane crash, it is important to seek the guidance of a qualified plane crash attorney. They can provide the necessary advice during this difficult time.
By retaining a plane crash attorney, you gain access to valuable information and resources that will empower and inform your decisions. Don't delay seeking the legal help you need. Contact a plane crash attorney today to schedule a free consultation.