Yes, emotional distress can be considered a form of personal injury. Personal injury refers to any harm or injury that a person suffers, and this can include not only physical injuries but also emotional or psychological injuries.
Emotional distress is a type of mental suffering that can result from a traumatic event or series of events. It can manifest in a variety of ways, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological conditions. It can be just as debilitating as a physical injury, and it can have a significant impact on a person’s quality of life.
In some cases, emotional distress may be considered a standalone personal injury claim, while in other cases it may be considered a component of another type of personal injury claim, such as a claim for negligence.
For example, if a person suffers as a result of a car accident caused by another driver’s negligence, they may be able to bring a claim for damages, including for their emotional distress. Or if a person is bullied at work, they may suffer from emotional distress, which can be considered a personal injury claim as well.
It is important to note that the laws regarding these claims can vary depending on the jurisdiction, so it is important to consult with an attorney familiar with personal injury law in your area if you believe you may have a claim for emotional distress.
In the state of Kentucky, the answer is yes. While some states have what is called the “impact rule,” which requires that someone be physically “impacted” or injured to recover from emotional distress, Kentucky got rid of this rule in 2012. Now, if you have been impacted by someone’s negligent actions and you have suffered emotional distress, you can bring a claim against them. This is the case even if you have not sustained any physical injuries.
It is extremely real to its victims but is not an injury in a physical sense. When you think of personal injury, you may think of a car accident, a dog bite, or some other scenario where someone is physically injured. However, these physical injuries can also be accompanied by mental and emotional injuries. In some situations, there may be no physical injury, but an event may still be traumatic enough to cause it.
In order to recover from emotional distress in Kentucky, there must be proof of negligence, meaning that someone had a duty towards you, they breached that duty, and their breach of duty caused your injury. Additionally, recovery from emotional distress requires that the emotional distress be so severe or serious that no reasonable person could endure it. To prove that emotional distress is severe or serious, there must be expert medical testimony or scientific proof that shows the severity of it. Contact us if you feel you may be a personal injury victim in Kentucky.
