Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
An accident can leave injuries that are not visible. A person may have trouble sleeping, feel afraid to drive again, or struggle with anxiety after what happened. These effects can be part of a personal injury claim in Louisiana.
Emotional distress damages are meant to cover the mental and emotional harm caused by another person’s actions. However, these claims often require strong proof because emotional injuries are harder to measure than physical injuries.
If you are dealing with emotional harm after an accident, a New Orleans personal injury lawyer can help you understand whether your situation may qualify for compensation.
Emotional distress is the mental suffering someone experiences after a harmful event.
It can include:
Emotional distress is a type of non-economic damage. Unlike a medical bill, it does not have a set dollar amount.
Louisiana Civil Code Article 2315 allows people to seek damages when another person’s actions cause harm. In some cases, this can include emotional harm.
Yes, but it depends on the facts of the case. Emotional distress is commonly claimed along with physical injuries. For example, someone injured in a car accident may seek compensation for both medical treatment and the emotional effects caused by the crash.
In some situations, Louisiana law may allow emotional distress claims even without a physical injury. These cases usually involve specific circumstances and require strong evidence.
Louisiana recognizes different types of emotional distress claims. Two common types are intentional and negligent infliction of emotional distress.
This happens when someone’s actions are meant to cause serious emotional suffering.
Examples may include:
The conduct usually must be much more serious than a normal argument or careless act.
Negligent infliction of emotional distress, or NIED, can happen when someone’s carelessness causes emotional harm.
Common examples include:
Many emotional distress claims involve a physical injury. Louisiana also allows some claims for emotional harm without a physical injury, but these cases are more limited. The facts of the case matter.
Saying an event caused emotional suffering is usually not enough on its own.
Evidence may include:
For example, a person may develop severe anxiety after a serious car crash. Medical records, therapy records, and statements from people close to them may help show how the crash affected their life.
There is no fixed amount for emotional distress damages.
The amount may depend on:
A short period of stress after an accident may be viewed differently from long-term anxiety that requires ongoing treatment.
Yes. Louisiana uses a comparative fault system. This means your compensation may be reduced if you are found partly responsible for the accident. For example, if you are found 20% responsible for an accident, your damages may be reduced by 20%.
This rule can apply to emotional distress damages and other damages in a personal injury case.
|
Physical Injury |
Emotional Distress |
| Broken bones, cuts, medical conditions | Anxiety, fear, trauma, emotional suffering |
| Usually shown through medical records | Often requires medical and personal evidence |
| Easier to measure financially | Harder to calculate |
Yes. Emotional distress can be a type of non-economic damage in a Louisiana personal injury case.
Emotional distress can include anxiety, depression, fear, sleep problems, and trauma after an accident or other harmful event.
Medical records, therapy records, prescription records, witness statements, and records showing changes in your daily life can help support a claim.
Sometimes. Louisiana allows emotional distress claims without a physical injury in limited situations. The rules depend on what happened and the facts of the case.
Yes. Emotional distress damages may be included in a settlement when the claim is supported by the facts and available evidence.
Emotional harm can last long after an accident. It can affect sleep, work, relationships, and everyday life.
Louisiana law allows injured people to seek compensation for emotional harm in certain cases. The type of claim and the evidence needed can vary.
Whether your distress stems from a car accident, negligence, or intentional abuse, understanding your rights is the first step toward recovery. If you’re dealing with emotional suffering after an injury, the team at Charbonnet Law Firm, LLC is here to help you understand your options and guide you through the legal process with care.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
