Can You Sue for Emotional Distress in Missouri?

After being involved in an accident, most people focus on their bodily injuries. After all, severe harm, including broken bones, traumatic brain injuries, bruises, and scratches, are common consequences of collisions. However, some of the most significant injuries a person may face after any type of accident will not be readily apparent on the outside. The mental and emotional injuries car crash victims face can severely affect them for the rest of their lives.

Defining emotional distress

One of the most common mental and emotional injuries is emotional distress. Cornell Law School defines emotional distress as “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.” Therefore, victims of car accidents, bicycle accidents, motorcycle accidents, pedestrian accidents, truck accidents, slip and fall accidents, construction accidents, or any other type of accident that causes a personal injury may develop emotional distress.

Emotional suffering can differ for each person. The lack of uniformity in symptoms and experiences means that your emotional suffering may look completely different from another person’s. However, there are a few common symptoms to keep an eye out for. Here are a few signs to look for if you believe that you or a loved one is experiencing emotional distress related to an accident:

• Feeling stressed, frustrated, or overwhelmed
• Feeling lost, confused, hopeless, or helpless
• Increased worrying or nervousness
• Feeling tired
• Inability to think clearly or retrieve information
• Changes in your sleep pattern
• Changes in your appetite or eating habits
• Feeling lonely, losing friendships or relationships, and isolating yourself
• Lack of motivation, trouble focusing and concentrating, and inability to keep up with your daily routine
• Feeling irritable or angry
• Mood swings
• Turning to drugs or alcohol to cope

Some people also experience phobias, severe depression or anxiety. It is also possible for accident victims to develop post-traumatic stress disorder.

Can you sue for emotional distress in Kansas City, Missouri?

Yes. In Kansas City and other parts of Missouri, you can sue for emotional distress. However, there are specific requirements that you must meet before you can successfully file one of these claims and seek compensation for emotional distress. For example, Missouri requires that you have a physical bodily injury to sue for emotional distress. Therefore, if you slipped and fell at an arcade but got up, made your way to your vehicle, and never experienced even a scratch, you cannot file a claim solely for the emotional distress you suffered. Under Missouri law, you will also need to prove that someone else’s negligence caused your emotional distress. To establish liability, you must show these elements:

1. Duty of care: The at-fault party owed you a duty of care.
2. Breach of duty: They breached their duty of care by acting negligently.
3. Causation: Their negligent behavior directly caused your emotional distress.
4. Damages: You suffered damages as a result. This may include medical bills, counseling fees, psychiatry expenses, prescription costs, ongoing care, etc.

What evidence do I need to show proof of my emotional distress?

Many types of evidence can help you show proof of your emotional distress, such as:

• Receipts from counseling or psychiatry appointments
• Prescriptions for antidepressants, anti-anxiety medicines, antipsychotic medicines, mood-stabilizing medicines, and stimulants
• Witness statements from spouse, friends, family, and neighbors
• Doctor, psychologist, and counselor notes
• Medical records
• Videos
• Employment records
• Expert witness testimonies from psychiatrists, doctors, counselors, or other professional experts
• Journal entries
• Proof of quitting or no longer being a part of certain events, groups, or activities

Emotional distress does not show up on MRI tests, CT scans, or X-rays. Proving that you are experiencing emotional distress and demonstrating that it is severe enough to warrant damages can be extremely challenging. However, with the help of an experienced lawyer, finding the proof you need to support your lawsuit may be possible. Your lawyer will help you follow all the necessary steps, such as seeking medical care, attending psychiatry appointments, and keeping track of your medications and symptoms to show proof of your emotional distress.

How much can I sue for emotional distress?

When suing for emotional distress, it is important to remember that every person’s accident case is different. This means that there is no one-size-fits-all formula to calculate how much you can claim for emotional distress. Your attorney can help you come up with an estimate, but only once they have the full facts of your case. Some of the factors that may influence how much your emotional distress claim could be worth include:

• The severity of your emotional distress
• How much your emotional distress has impacted your daily routine, relationships, and life
• The costs you paid out of pocket and how much debt you incurred from your emotional distress
• How long you are expected to have emotional distress or when you are expected to fully recover
• Whether your emotional distress is permanent or temporary
• Whether you are out of work and unable to bring in income due to your emotional distress
• Whether your emotional distress has caused other issues, like chronic migraines, body aches, stomach issues, memory problems, or ulcers

Have you or a loved one experienced emotional distress after an accident in Kansas City, MO? If so, please do not hesitate to reach out to the personal injury lawyers at Kansas City Accident Injury Attorneys at your earliest opportunity. Our team will guide you through every part of this type of claim and answer any questions or concerns you may have along the way. As Kansas City’s Favorite Law Firm, you can count on us to help you seek justice for the mental distress and other life-altering consequences you suffered from the accident. Please call our office or submit our contact form to schedule a free consultation. You can visit our main office in Kansas City, MO, at any time, or you can schedule an appointment at our other offices in Lee’s Summit, Parkville, and St. Joseph, MO, as well as Olathe, Kansas City, and Overland Park, KS.