Can You Sue for Emotional Distress in Oklahoma?

When a person is involved in a personal injury accident, most people immediately think about the physical injuries, medical bills, lost income, and other tangible losses that the victim is dealing with.

It is common for personal injury victims to also have to deal with emotional distress, mental anguish, and other intangible losses after an accident. Even though most victims may brush off or ignore these types of injuries, the truth is that they can be just as severe and permanent as physical injuries.

What is emotional distress?

Emotional distress refers to the mental suffering that occurs after an accident, event, or condition. Other names used to describe emotional distress are mental anguish, emotional suffering, mental distress, mental pain, or emotional pain. Therefore, if an accident victim shows signs of an emotional reaction after an incident, they are likely experiencing emotional distress. Here are some of the symptoms of emotional distress that you should keep an eye out for if you have recently been involved in an accident:

• Feeling sad, hopeless, depressed, or helpless
• Feeling overwhelmed, anxious, or guilty without a known cause
• Inability to remember or recall information
• Changes in appetite or eating habits
• Changes in sleeping patterns
• Excessive worrying or fears
• Becoming withdrawn or isolating from people
• Extreme mood swings, irritability, or anger outbursts
• Fatigue or tiredness
• Trouble participating in normal day-to-day activities or following a routine
• Panic attacks or excessive crying
• Headaches or unusual pain

If you experience any of the symptoms mentioned above, you must inform your doctor immediately. Even if you do not think that they are serious and will pass with time, you need medical advice and guidance to ensure that your symptoms or condition do not become worse and cause life-long complications.

Is emotional distress an economic or noneconomic loss?

Emotional distress is considered to be a noneconomic loss. Medical expenses, lost wages, and property damage are economic losses, meaning you can easily place a dollar value on them.  For instance, if you lost $1,000.00 in past earnings or have a hospital bill for $5,000.00, the category of harm necessarily comes with a price tag.  However, when it comes to noneconomic losses, like emotional distress or permanent scarring, it is much more difficult to place a monetary value on them because of the lack of a correlating figure. Therefore, if you need help calculating how much your emotional distress or other noneconomic losses are worth, you should consult with a Tulsa personal injury lawyer at your earliest opportunity.

Can you sue for emotional distress after an accident in Tulsa?

Yes, you can sue for emotional distress after an accident in Tulsa. However, you must be able to prove negligence existed and that the negligent act or omission caused your emotional distress. The following are the four elements you must establish and prove to successfully do this:

1. Duty of care: The defendant that caused you emotional distress owed you a duty of care. This means that they were required to keep you safe or protect you from any harm.
2. Breach of duty: The defendant breached their duty by acting negligently.
3. Causation: There is a direct connection between the defendant’s negligent behavior and your accident and injuries (including emotional distress).
4. Damages: You suffered damages as a result of their behavior and actions, such as emotional distress, medical bills, lost income, mental trauma, property damage, and more.

Keep in mind that Oklahoma typically requires you to suffer some sort of physical harm to sue for emotional distress. In most circumstances, if you are someone who saw an accident occur and experienced emotional distress because of it, you likely cannot sue for damages unless you were involved in the accident or are the accident victim’s spouse or close family member.

Who can you sue for emotional distress?

You can sue the person or company that acted negligently and caused your injuries, emotional distress, and other losses. Some examples of parties you may be able to sue for negligence include:

• A driver or vehicle owner
• A construction worker or company
• A home or business owner
• A company
• A dog owner
• A road owner
• A mechanic
• An employer
• A hospital, doctor, doctor’s office, nurse, etc.
• A boat operator or owner
• A train, bus, or rideshare driver or company

What evidence do I need to prove emotional distress?

It can be challenging to prove emotional distress. This is because it isn’t something that can be found on a CT or MRI scan. Instead, it is based on the person’s experience and journey after the accident. While this may sound a little discouraging, it is important to know that it is not impossible to prove emotional distress. With the help of a personal injury lawyer, you can collect compelling evidence to show that the accident caused your emotional distress. Below is a list of common types of evidence that can help prove mental pain and suffering:

• Medical records
• Doctor notes
• Journal entries
• Psychological or counseling records
• Notes from the psychologist or counselor
• Prescriptions
• Photos or videos
• Eyewitness statements
• Expert witness testimony

How much compensation can I receive for emotional distress in Oklahoma?

If you are wondering how much compensation you can ultimately receive for your emotional distress, the answer is that it depends.  Each and every case and set of facts is unique. There is no specific formula or equation that determines how much you may receive. Instead, an attorney will need to learn the details and specifics of your case to determine what type of value should be placed on your emotional distress. Your attorney will work with other professionals, such as accountants, doctors, mental health experts, and economists, to estimate the compensation you need and deserve.

What if I am partially at fault for the accident?

You can still receive compensation for your emotional distress and other losses even if you are partially at fault for the accident. Oklahoma follows a modified comparative negligence system, meaning that you can still file a claim and seek compensation if you are less than 50 percent at fault for the accident. Therefore, even if you are found to be 49 percent at fault for the accident, you will still receive compensation, but it will be reduced by your degree of fault, which would be 49 percent.

At Biby Law Firm Injury and Accident Lawyers, we know how emotional stress can change your life. Our Tulsa personal injury attorneys understand those recovering from personal injury incidents are going through a lot, which is why we are happy to take some of the burden off your shoulders. Please call our office or submit our contact form to schedule a free case review to learn more about how to get started today.