When we think about personal injury cases, we often focus on the physical injuries—broken bones, surgeries, lost wages. But not all injuries are visible. Many victims also suffer deep emotional wounds that can last long after the physical scars have healed. This is where emotional distress comes into play.

Emotional distress refers to the psychological impact an accident or injury has on a person. This can include symptoms such as:

• Anxiety or depression
• Panic attacks
• Insomnia or nightmares
• Loss of enjoyment of life
• Post-Traumatic Stress Disorder (PTSD)
• Mood swings or irritability
• Fear of driving or returning to certain locations

Emotional distress can significantly interfere with your daily life, relationships, and ability to work. In a personal injury claim, it is considered a type of non-economic damage, meaning it doesn’t have a clear dollar value like a medical bill—but that doesn’t mean it’s any less real or impactful.

Yes. In Wisconsin, emotional distress can be part of your personal injury claim. However, how it’s treated depends on the circumstances of your case. If your emotional distress is linked to a physical injury caused by someone else’s negligence, you may be eligible for compensation.

In some cases, emotional distress can even be claimed without a physical injury, but the legal requirements are stricter. For example, the distress must be severe, and usually, it must be proven through expert testimony or evidence like therapy records.

Unlike a broken arm, emotional distress isn’t something you can see on an X-ray. To support your personal injury claim, you’ll need strong evidence, such as:

• Medical records from a psychologist or therapist
• Testimony from mental health professionals
• Personal journals describing your symptoms
• Statements from friends, family, or coworkers
• Your own testimony about the emotional toll of the accident

Working with an experienced personal injury attorney can help you build a case that clearly shows the impact on your mental and emotional well-being.

Emotional distress can significantly increase the value of your claim. It reflects the full scope of your suffering—not just what the eye can see. Insurance companies often try to downplay these damages, which is why it’s important to work with a law firm that understands how to present emotional distress claims effectively.

If you’ve been hurt in an accident and are struggling with anxiety, fear, or emotional trauma, you don’t have to face it alone. At Bykhovsky Law, we understand that healing goes beyond the physical. We fight to make sure every aspect of your suffering is accounted for—including emotional distress.

 Call us today for a Free Consultation.