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Under Minnesota law, emotional distress is a valid form of pain and suffering that can be compensated through an injury claim. But how do personal injury attorneys prove something so intangible? Let’s talk about it.
After a serious injury, the physical pain is often just the tip of the iceberg. Beyond the injury itself, many injury victims experience severe mental distress that can be just as debilitating. This mental distress can come in many forms, such as:
In Minnesota, these symptoms can all be included in an injury claim. There’s no limit to how much compensation can be awarded for this type of pain and suffering.
Psychological suffering following an injury can fundamentally alter a person's life in ways that are often invisible to others but profoundly felt by the victim. Understanding these impacts is essential to appreciating why compensation is warranted.
When considering compensation, Minnesota courts and insurance companies generally look for psychological suffering that meets the following standards:
When psychological suffering meets these thresholds, victims deserve compensation not only for treatment costs but also for the diminished quality of life they experience.
Unlike broken bones, cuts, and other visible injuries, psychological trauma requires different kinds of proof.
One of the most compelling forms of evidence is documentation from healthcare providers. Attorneys gather evidence showing the physical manifestation of mental trauma, which provides more tangible measures for assessment. This includes:
Expert Witnesses
Expert testimony from mental health professionals such as psychologists, psychiatrists, and therapists can help support your claims. These expert witnesses can:
With the right experts in your corner, proving your damages and getting a fair settlement or trial award will be much easier.
One of the most effective ways to demonstrate emotional distress is by keeping a detailed journal of your experiences. Recording how your injury has impacted your mood, sleep patterns, and ability to participate in everyday activities provides valuable insight into the extent of your suffering.
Our attorneys can talk to your friends, family, and colleagues to get their perspectives on how the injury has impacted you. These "before and after" witnesses can provide powerful testimony about the changes in your behavior, social interactions, work performance, and overall quality of life.
Short-lived emotional reactions are less likely to meet the threshold of severity. However, prolonged distress that significantly disrupts your daily life certainly will. Evidence of ongoing therapy, medication use, or changes in personal and professional life due to emotional distress will all help strengthen your claim.
Unlike medical bills or lost wages that have precise dollar amounts, psychological suffering doesn't come with a price tag. However, there are established methods that attorneys and insurance companies use to calculate these damages.
The multiplier method is the most commonly used approach in Minnesota personal injury cases. This method involves choosing a number between 1.5 and 5 to be the multiplier, which is then multiplied by your economic damages (medical expenses, lost wages, etc.). The more significant the impact on your life, the higher the multiplier.
For example, if your economic damages total $50,000 and your psychological suffering is moderate, a multiplier of 2 might be applied, resulting in compensation of $100,000 for pain and suffering.
The per diem (daily rate) method involves choosing an amount to pay the person for each day between the injury date and maximum medical improvement. This approach works best in cases involving injuries that heal completely without long recovery periods.
This method assigns a daily dollar value to your suffering and multiplies it by the number of days you've experienced or are expected to experience symptoms. For instance, if $150 is assigned as your daily rate and your psychological suffering is expected to last two years, the calculation would be $150 × 730 days = $109,500.
Experienced personal injury attorneys also rely on their knowledge of similar cases and outcomes. At SiebenCarey, our 70+ years of representing injury victims give us valuable insight into how Minnesota courts and insurance companies have valued psychological suffering in comparable situations. This approach considers:
If you are considering filing a personal injury claim, an experienced attorney can support you through the process. Your attorney will:
That way, you can rest and focus on healing. After an injury, the last thing you need is more to worry about.
Psychological suffering is a legitimate and often devastating consequence of personal injuries. While proving these invisible injuries presents unique challenges, experienced personal injury attorneys have developed effective methods to document and demonstrate psychological trauma.
For over 70 years, the SiebenCarey team has helped thousands of personal injury victims get the compensation they're entitled to. Our attorneys understand that healing involves addressing both physical and psychological injuries, and we're committed to securing the compensation you need for complete recovery.
If you or a loved one has experienced psychological suffering following an injury caused by someone else's negligence, schedule a free consultation today. Our experienced attorneys can help you understand your rights and options for seeking the compensation you deserve.
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