How Much Can I Sue for Emotional Distress in Alabama?
In a personal injury case, it’s easy for plaintiffs, family members, and even legal professionals to get so laser-focused on the physical consequences of an accident that they inadvertently fall short of addressing a victim’s emotional distress. While the physical impact of an accident can be life-changing and catastrophic, the emotional impact can be just as significant and even outlast certain physical symptoms.
Anxiety, depression, insomnia, PTSD, and other emotional symptoms can severely impact a victim’s ability to return to “normal” after an accident and cause a ripple effect throughout multiple areas of their day-to-day life. That’s why Alabama law allows for the recovery of damages related to emotional distress as part of a personal injury claim. Here’s a brief overview of what constitutes emotional distress under Alabama law and an explanation of how an experienced personal injury attorney can help survivors address the physical and emotional impact of an accident.
What is emotional distress in a personal injury case?
In serious accidents, physical injuries tend to be readily apparent and deserving of immediate medical attention. The emotional impact of these accidents, however, can be far more innocuous and develop over time. Although emotional distress often manifests for victims as a “slow burn,” Alabama law still allows plaintiffs to recover compensation for the psychological impact of an accident.
While emotional distress can look different from case to case, some common examples of emotional distress in personal injury cases include:
- Anxiety
- Panic attack/panic disorders
- Depression
- Post-traumatic stress disorder (PTSD)
- Survivor’s guilt
- Insomnia
- Loss of enjoyment of life
While many of these symptoms are invisible to the naked eye, they are just as real as broken bones and can have a resounding impact on the lives of victims and their loved ones. Subsequently, Alabama law gives accident survivors the ability to sue for and recover damages related to the psychological impact of their trauma.
Suing for emotional distress in Alabama
In Alabama, plaintiffs in personal injury cases can sue for emotional distress as long as certain criteria are met. First, a victim must be able to demonstrate that their emotional pain was caused by another person’s negligence or intentional misconduct. Second, victims must be able to prove that their emotional suffering extends beyond temporary upset and is interfering with their ability to go about their daily lives.
In negligence cases, Alabama requires proof that you suffered a physical injury or were placed in immediate risk of physical harm (‘zone of danger’), along with evidence of genuine mental anguish. While cases pertaining to the Intentional Affliction of Emotional Distress (IAED) do not usually require evidence of physical symptoms, plaintiffs in these cases must be able to show that their emotional distress is severe and life-altering in some way, and that the person who caused their distress behaved in an “extreme and outrageous” manner.
During a personal injury case, emotional harm often falls under the umbrella of “pain and suffering” and can be considered as part of a claim for “non-economic” damages. While economic damages like hospital bills, rehab costs, therapy expenses, and lost wages are easy to quantify, non-economic damages like pain and suffering are more subjective and may be evaluated based on:
- The severity of any related physical injuries
- The treatment prognosis offered by a mental health professional
- Medical or psychological records documenting distress and care needs
- Testimony from doctors, therapists, or friends and family as to the daily impact of the emotional suffering
- Employer records noting how an employee’s emotional distress affects their work performance
All of this information can help judges, jurors, experts, and insurance adjusters better understand the scope of a victim’s emotional suffering and make determinations about the appropriate amount of non-economic damages in a case.
How much compensation can I get?
Based on all the factors listed above and other specific case details, a judge, jury, or insurance company will assign a value to your claim for damages related to emotional distress. While there is no fixed or guaranteed dollar amount for personal injury cases in Alabama, there are caps on some kinds of damages that plaintiffs should be aware of:
- Economic damages: There is no cap on economic damages in Alabama, which means plaintiffs in personal injury cases can pursue claims for the full value of their accident-related financial losses. For cases involving emotional pain and suffering, economic damages can be used to cover the cost of therapy, psychiatric medications, and other mental health-related expenses.
- Non-economic damages: In Alabama, there is no cap on non-economic damages in most cases. Subsequently, plaintiffs and their legal counsel can fight for damages that adequately reflect the full scope of the victim’s emotional distress, pain, and suffering.
- Punitive damages: In cases that involve particularly egregious conduct, plaintiffs may be awarded punitive damages. Punitive damages are intended to punish the at-fault party for their negligence or recklessness, which sets them apart from other types of compensatory damages. For cases involving physical injury, Alabama law caps punitive damages at three times the amount of compensatory damages or $1.5 million – whichever is greater (Alabama Code Title 6. Civil Practice § 6-11-20).
Notably, Alabama is unique from other states in that state law does not allow plaintiffs in wrongful death suits to collect economic or non-economic damages. If grieving family members choose to file a wrongful death suit, punitive damages are the only compensation available to them. However, surviving loved ones may be within their rights to file a survival action to recover compensation if the deceased person had already filed a personal injury claim prior to their death.
A note on contributory negligence
Far and away, the biggest hurdle accident victims must clear in order to recover compensation for their emotional distress is Alabama’s contributory negligence policy. Alabama is one of just a small handful of states that follow a pure contributory negligence system when assigning fault in personal injury cases.
Under this rule, if an accident victim is found to have contributed in any way to his or her own injuries (including emotional distress), they will be entirely barred from recovering compensation under the law. Because of this particularly strict approach, defendants and insurance companies in personal injury cases are incentivized to shift blame onto victims for their own suffering.
This makes it absolutely vital for accident victims to partner with an experienced personal injury attorney in their fight for compensation. A top-tier injury lawyer can help plaintiffs gather documentation, expert testimony, and other supporting evidence that will help them convey the full scope of their pain and suffering while warding off concocted claims of contributory fault.
Looking for support?
While there’s no fixed formula to calculate how much an accident victim can sue for emotional distress, it’s important to understand that emotional suffering is just as valid as physical pain and equally deserving of compensation under the law. At the end of the day, the amount of compensation available to a victim depends heavily upon the quality of evidence available to support their claim and the skill and expertise of their legal representation.
If you are living with the devastating effects of accident-related emotional trauma, you don’t have to keep sweeping your suffering under the rug. At Prince Glover Hayes, our award-winning team of personal injury lawyers knows exactly what it takes to help accident victims recover the compensation they need to heal – both physically and emotionally. For over 40 years, Prince Glover Hayes has been serving the community in Tuscaloosa and the surrounding areas to provide top-tier, empathetic legal support to accident victims from all walks of life.
If you’re curious about whether you may have the basis for an emotional distress claim or are ready to take the next step in your fight for compensation, give us a call or fill out our online contact form to schedule a free consultation. Our team is standing by to answer your questions, educate you about your options, and help you decide on the best course of action to ensure you don’t have to continue suffering in silence.