Pain and Suffering Damages for Emotional Distress

Posted on April 18, 2025 writen by Jane Paulson in Personal Injury

Any accident injury sustained is not only physical in nature; at times, the impact is significantly emotional in nature as well. In many cases, anxiety, fear, and lasting emotional trauma can be just as debilitating. That’s where pain and suffering damages for emotional distress become an important part of a personal injury claim. These damages allow courts to acknowledge the mental and emotional toll of an accident, ensuring victims receive fair compensation for the full scope of their suffering.

Here at Paulson Coletti, we assist injured people in Oregon in receiving the compensation they can’t put into words due to emotional, psychological, and day-to-day challenges. Knowing what evidence matters and how emotional harm is assessed makes it possible to create a sympathetic case.

What Are Pain and Suffering Damages in Personal Injury Claims?

Within personal injury law, pain and suffering damages pertain to the non-monetary damages a person endures due to an injury. These are not quantifiable by a single invoice or receipt but rather by the overall effect the injury has created in a person’s life. Common examples include:

• Persistent physical pain.
• Reduced ability to enjoy daily activities.
• Emotional or mental strain.
• Difficulty maintaining relationships.

Under Oregon law, individuals injured due to negligence can pursue these damages as part of a broader claim. Emotional distress is one key component of this.

Understanding Emotional Distress as Part of Pain and Suffering

Emotional distress refers to the psychological consequences that follow a traumatic event, such as a serious crash, fall, or workplace injury. It is one type of harm that can fall under pain and suffering damages for emotional distress, significantly when symptoms disrupt everyday life.

These symptoms might include:

• Anxiety or panic attacks.
• Depression or mood swings.
• Flashbacks or nightmares.
• Trouble sleeping or chronic fatigue.
• Withdrawal from work or social activities.

For instance, someone involved in a highway collision may later experience anxiety while driving or insomnia due to recurring nightmares. These effects can persist long after physical injuries have healed.

How Emotional Distress Can Be Caused by an Accident

Emotional distress can stem from many different aspects of a personal injury experience. Lingering physical pain alone can wear on a person emotionally, significantly when it limits mobility or interferes with sleep and daily routines. 

Traumatic incidents, like a violent crash or sudden fall, can leave deep psychological marks, including fear, flashbacks, or heightened anxiety. The loss of independence that comes with serious injuries often contributes to feelings of isolation, frustration, or sadness. On top of that, financial strain from unexpected medical bills or lost wages can intensify stress, making the emotional burden even heavier. 

Key Evidence to Prove Emotional Distress in Court

To include emotional distress in a personal injury claim, you’ll need documentation that reflects the impact on your mental health. Courts in Oregon review this evidence seriously. Here are some of the most effective types:

• Medical records: Diagnoses for anxiety, PTSD, or depression; treatment plans such as therapy or medication.
• Mental health evaluations: Notes or letters from therapists and counselors.
• Personal testimony: Describe how your emotional state has changed since the accident.
• Statements from others: Family members or colleagues who’ve observed changes in your behavior.
• Daily journals record feelings, struggles, or sleep patterns during recovery.

This evidence helps demonstrate how deeply the experience has affected you beyond just the physical injuries.

How an Experienced Attorney Can Help You Pursue Your Claim

Navigating a personal injury claim can be overwhelming, especially when dealing with both physical recoveries and emotional challenges. This is where hiring a skilled attorney can make all the difference. An attorney can provide essential support by:

1. Evaluating Your Claim: They’ll assess your damages, including emotional distress, to ensure nothing is overlooked. 
2. Gathering Evidence: Attorneys collect medical records, expert testimony, and other key evidence to strengthen your case. 
3. Negotiating with Insurance Companies: Insurers may downplay your injuries, but a legal advocate will fight for fair compensation. 
4. Representing You in Court: If your case goes to trial, your attorney will present strong arguments to seek maximum compensation. 

Handling a personal injury claim while coping with trauma can feel overwhelming. At Paulson Coletti, we work closely with each client to build a thoughtful case that includes not just medical costs and lost wages but also pain and suffering damages for emotional distress. We believe no part of your experience should be overlooked.

If you’ve suffered emotional distress following an accident, we’re here to help. Call 503-682-8721 to schedule a free consultation. Let us guide you toward the justice and compensation you deserve.