When Can You Sue for Emotional Distress in Minnesota?

Physical injuries aren’t the only harm that an accident can leave behind. People often walk away with invisible wounds no one can see. This can be fear, anxiety, post-traumatic stress disorder, and loss of enjoyment of life. If you have been in a car accident in Minnesota or you’ve been injured in another type of incident, you might wonder if you’re able to be compensated for these issues. Understanding how these claims work is helpful for any victim dealing with emotional challenges after an accident caused by someone else’s negligence.

What is emotional distress?

Emotional distress means the mental suffering someone experiences after a traumatic event. This can show up as anxiety, depression, PTSD, nightmares, or a sudden fear of certain situations. In most cases, emotional distress damages are recoverable when tied to a physical injury.

For example, if you are in a car crash and later deal with panic attacks or insomnia, you can include those emotional issues as part of your injury claim. These kinds of losses fall under pain and suffering and are known as non-economic damages.

When emotional distress can be part of your lawsuit

After being injured in an accident, you may be able to ask for non-economic damages, such as emotional distress, in the following situations:

1. Your out-of-pocket medical expenses are substantial

First, in car crash claims, you can sue for emotional distress if your accident-related medical expenses are over $4,000. This usually includes:

• All paid or payable reasonable medical bills (including after your insurance deductible has been met)
• The fair market value of medical care given by close family or people you live with
• The fair cost of any other medical services or items you reasonably need because of the injury, excluding diagnostic X-rays, remedial care, or occupational training

If you meet this threshold, you can include emotional distress as part of your personal injury claim.

2. You experienced serious harm or loss

If your injuries are very severe, the rules are more flexible. You’re allowed to include your emotional distress even if your bills are under $4,000. These situations include:

• Permanent scarring or burns that change how you look
• An injury that stays with you for life and won’t fully heal
• The accident resulted in someone’s death
• You weren’t able to perform substantially all of your usual and customary daily activities for 60 days or longer (for example, needing help to eat, bathe, get around, work, or just basic tasks for two months straight)

How emotional distress is proven

When someone claims emotional distress after an injury, they need to show evidence. It’s more difficult than proving you’ve experienced a physical injury, but it’s not impossible. Some of the evidence you can use to back up your claim includes:

Medical and mental health records

One way to prove emotional distress is through records from doctors or mental health professionals. Diagnoses like PTSD, depression, or anxiety count as evidence. These diagnoses show your struggles are real and have been evaluated by qualified professionals. In some cases, these professionals will then testify as expert witnesses if needed.

Therapist or counselor notes

Notes or statements from your therapist are important as well. They can show that your symptoms are ongoing and that you are seeking consistent support.

Personal journals

It’s a good idea to keep a journal after being injured in an accident. You can write about the pain you’re experiencing and how it’s impacting your life. This evidence can then be used to prove that you’re experiencing significant pain and suffering and should be able to be compensated for it.

Witness statements

Friends or family members might notice emotional changes around the time of an injury. If they give statements regarding shifts in mood, social withdrawal, changes in appetite, or enjoyment of life in general, this can help prove emotional distress.

Showing emotional distress isn’t always simple, but documentation helps make your pain real and gives you a chance to be compensated for this aspect of the accident.

Calculating non-economic damages

Calculating non-economic damages like emotional distress can be complicated. While Minnesota law doesn’t require any formulas for determining amounts, lawyers and insurance companies often use one of the following two methods as a starting point:

Multiplier method

The multiplier method is one of the ways non-economic damages are calculated. You start by adding up your economic damages, like medical bills, lost wages, and property damage. That total is then multiplied by a number (usually between 1.5 and 5) based on the severity of your injuries. The more severe your injury, the higher the multiplier. You then multiply that by the sum of your economic damages.

For example, if you suffered a broken arm and had to have surgery, you might use 3 as the multiplier. If your medical expenses and other economic damages total $100,000, under this method, your non-economic damages would be $300,000 ($100,000 x 3).

Per diem method

Another approach is the per diem method. This method assigns a fixed dollar amount to each day you live with your injury, starting from the accident up to the moment you reach as much physical recovery as the doctors think you will. Putting a number on your daily pain can be complicated, but lawyers and insurance adjusters will often start with what you would’ve earned each day at work.

Here is an example. Let’s say that you normally make $300 per day at work and you don’t reach maximum medical improvement for 100 days. In this scenario, you would multiply $300 by 100. This would give you non-economic damages of $30,000.

These damages aren’t objective and can’t easily be defined in financial terms, so the way they are calculated varies depending on the circumstances. Remember that while these calculations are helpful guidelines, there is no guarantee of a particular outcome in any given case. Ultimately, the best way to make sure you get everything you deserve is to speak with a personal injury lawyer about your claim as soon as possible. Our team has spent decades handling personal injury cases and emotional distress claims, so we can help you no matter what you’re dealing with. Call Bradshaw & Bryant, PLLC to schedule a free consultation today.