Anyone who has been involved in a wildfire knows the significant mental and emotional toll this type of disaster takes. Wildfire survivors often experience lasting psychological trauma from their experiences, including post-traumatic stress disorder (PTSD) and chronic anxiety or depression. In California, the justice system grants wildfire victims the ability to seek damages, or financial compensation, for these noneconomic losses.
What Are Emotional Distress Damages?
Emotional distress is a broad term that can refer to many types of mental, emotional and psychological suffering in connection to a traumatic event. It is also a compensable type of loss or damage in a personal injury claim, meaning a victim has the right to receive financial compensation for it. Emotional distress may include:
- Stress
- Mental anguish
- PTSD
- Anxiety
- Depression
- Sleep disorders
- Lost quality or enjoyment of life
- Grief or mourning
- New fears or phobias
- Physical symptoms caused by stress
Surviving a wildfire can lead to deep emotional pain that lasts for the rest of the victim’s life – especially if the fire led to the death of a beloved family member or pet. In California, it is possible to recover damages for these intangible losses.
Are You Eligible for Compensation for Emotional Harm From a Wildfire?
A property insurance claim for wildfire damage generally will not compensate a claimant for noneconomic losses such as emotional distress. This is not a covered type of loss on most property insurance policies. If the wildfire arose due to negligence, however, this provides grounds for a personal injury claim, which can result in financial compensation for emotional distress and other general damages. A negligence lawsuit requires proof that the defendant or accused party caused the wildfire through a negligent act or omission. “Negligence” refers to the failure to act with proper care, resulting in harm to others. Proving negligence takes evidence that the defendant owed a duty of care, breached or violated this duty, and caused or significantly contributed to the wildfire. This angle allows our Eaton Fire attorneys to recover compensation beyond property damages for the devastating wildfires. For example, if a utility company is guilty of ignoring the maintenance needs of old or damaged electrical equipment, this is a type of negligence that could make the company responsible for a related wildfire. A claim could also be brought on the grounds of intentional infliction of emotional distress if the defendant committed a particularly malicious or wanton act, such as a case of arson.
How Can a Wildfire Litigator Help?
Emotional distress is referred to as a “noneconomic damage” because it does not have a clear monetary value, such as property losses or medical bills for an injury. Unfortunately, this can make it harder to receive a fair settlement offer from an insurance provider. You may need a wildfire attorney to prove how significantly a wildfire affected your life to secure the case results you need. Recovering financial compensation for emotional distress after a wildfire takes compelling evidence. This may include medical records, mental health diagnoses from medical professionals, prescription medications, an injury journal, statements from friends and family, and expert testimony. Hiring an experienced California wildfire attorney from the beginning of your case can make it easier to establish emotional distress and secure maximum damages for these losses. Your lawyer will seek the compensation you deserve for every type of loss you suffered due to a California wildfire, including the invisible ones. Contact Bridgford, Gleason & Artinian for a free consultation with a wildfire litigator today.