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 Is Emotional Distress Considered a Personal Injury?

Navigating a personal injury case can seem overwhelming, especially when individuals are unsure of what falls within this category. A personal injury claim occurs when someone seeks compensation from an individual responsible for an accident that resulted in injury. Most people assume that you can only make a personal injury claim if an individual is physically hurt, though this is not always the case. At Brassfield & Krueger, Ltd., we’re here to help Illinois residents understand if emotional distress is considered a personal injury and how our services can help.

What Is Considered Personal Injury in Illinois?

Illinois law states that any injury that results from another’s negligence can be classified as a personal injury. This can include any emotional damage in addition to physical injuries as well. Individuals can file a personal injury claim for compensation to aid with any financial losses that have occurred as a result of the injury. These can include but are not limited to:

  •    Medical Treatment 

If the incident resulted in physical injury, the negligent individual would be responsible for paying for medical treatment. This can also include the cost of any medications and therapy that results from the injury. Individuals could request medical treatment if they were injured due to medical malpractice or misuse of prescription drugs. 

  •    Lost Income

If the injury has prevented an individual from performing their job, thus resulting in the loss of income, a personal injury case can help them receive compensation. A court may consider the amount of time that the victim has been away from work and the total losses incurred as a result. 

It will vary in each case what compensation a judge will award, but health and work-related costs are the most common considerations. 

Can I Receive Compensation for Emotional Distress?

In most cases, emotional distress can be claimed as damage in a personal injury claim. Emotional distress is considered non-economic damage, which Illinois considers in addition to financial losses in personal injury cases. Emotional distress can be viewed as the pain and suffering that result from an individual’s injury. Illinois defines emotional distress as non-physical harm that contributes to mental or psychological damage, such as anxiety or depression. It can be difficult to prove that a person has suffered emotional distress, but showing documentation from medical professionals or identifying physical symptoms in connection with the distress can help. Though it can be difficult to receive compensation for emotional distress, victims can certainly file a claim and address their needs in court. Our dedicated attorneys at Brassfield & Krueger, Ltd. can help throughout this process.  

In addition to the victim claiming emotional distress, others affected by the injury can claim loss of consortium. This term describes the lack of benefits that someone suffers, including any affection or sexual relations, as a result of the injured person. Only the victim’s spouse is allowed to file a loss of consortium claim for compensation. 

Contact Us Today 

If you have questions about personal injury claims in Illinois, contact us today. We look forward to hearing from you soon. 

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