Emotional distress is a significant concern for many people after accidents or traumatic events. While physical injuries are easier to identify, emotional distress can be more complex. In Michigan, it’s important to understand when you can seek compensation for emotional harm.
What is emotional distress?
Emotional distress refers to psychological suffering caused by an event, such as anxiety, depression, fear, or post-traumatic stress disorder (PTSD). Unlike physical injuries, emotional distress is harder to prove. However, it can still be grounds for a personal injury claim in Michigan.
Can you claim emotional distress in Michigan?
In Michigan, you can file a personal injury claim for emotional distress, but it’s not easy. You need to show that the emotional harm was caused by someone else’s negligence or intentional actions. For instance, if you are in a car accident and suffer from anxiety or PTSD, you may be able to claim compensation. However, you must provide evidence that your emotional injuries are linked to the incident.
How do you prove emotional distress?
Proving emotional distress can be difficult. In Michigan, courts will look for specific evidence, such as medical records showing a diagnosis of anxiety, depression, or PTSD. Testimony from you or loved ones can help show how the emotional distress has affected your daily life. Professional evaluations from therapists or psychologists can also offer insight into the severity of your emotional distress.
Though physical injuries are easier to prove, emotional distress claims require strong documentation to back up your case.
Michigan’s no-fault law and emotional distress
Michigan’s no-fault insurance law covers medical costs and lost wages after a car accident but typically doesn’t cover emotional distress unless the injuries are considered “serious” under the law. In such cases, you may be able to pursue a lawsuit for pain and suffering, including emotional distress.
Even with a personal injury claim, compensation for emotional distress can vary based on the severity of your condition and how it affects your life.
Emotional distress is a complex issue in Michigan’s personal injury claims. You may be eligible for compensation, but it’s important to understand the challenges of proving emotional harm under Michigan law.