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How to Prove Emotional Distress in a Personal Injury Claim?

How to Prove Emotional Distress in a Personal Injury Claim?

shapiro.admin March 22, 2021 Personal injury

Anytime a person sustains an injury caused by the actions of another individual, business, or entity, this can lead to a significant setback for the victim and their family. Often, an injury victim has to deal with the pain and suffering associated with their actual physical injuries as well as significant emotional distress caused by the entire incident. Emotional and psychological injuries are regularly overlooked when it comes to paying compensation, typically because they are harder to prove. Here, we want to discuss how to prove emotional distress injuries if you or somebody you care about has been injured due to the actions of others.

What are Emotional Distress Damages?

Emotional distress damages are usually allowed to proceed forward in personal injury cases, particularly if the emotional and psychological impact the victim sustains is directly tied to the physical injury they have experienced. There are various ways that emotional distress signs and symptoms can appear in a person’s life after they have sustained an injury. In general, we will find that emotional distress ties back to the incident itself, the injuries the victim sustains, and the recovery process. Some of the main types of emotional distress a personal injury victim may experience include the following:

  • Feelings of humiliation
  • Fear and anxiety
  • Sleeplessness
  • Depression
  • Feelings of extreme despair
  • …and more

Emotional distress signs and symptoms will vary significantly from person to person, and there is no exact definition of emotional distress damages.

How to Prove Emotional Distress After an Injury

As with any type of damages in a personal injury case, there needs to be proof that a person has suffered in order for them to receive compensation. This holds true for emotional distress damages. There are various ways that an injury victim and their attorney can prove that they have sustained emotional distress. Some of the types of evidence that could be used in these cases include the following:

  • Physical injuries. Personal injury cases usually revolve around physical injuries because they are fairly easy to identify and approve. However, the physical injuries can also be used to help paint a picture of the total emotional distress that a person has experienced. In general, the more severe a person’s physical injury, the more likely it is that the court will rule in favor of emotional distress damages.
  • Medical reports. Insurance carriers and personal injury juries want to see reports from doctors and psychologists when determining whether or not there has been emotional distress. That is why it is so crucial for any injury victim to seek immediate medical care and continue all follow-up care while their case is ongoing.
  • Timeline for recovery. The longer it takes for a person to make a complete recovery after their injury, the more likely it is that they will have sustained emotional distress.
  • Testimonies from others. It is often useful to hear testimony from friends, family members, and coworkers of the injury victim to properly explain how the injury and the recovery have impacted the victim’s life and their emotional well-being.

Will an Attorney be Able to Help?

It is important to work with this skilled Scottsdale personal injury lawyer who has extensive experience handling every aspect of the injury claim process to ensure that your case is handled correctly. The reality is that personal injury victims typically lack the resources available to properly prove they have sustained emotional distress and then convey the seriousness of the situation to insurance carriers or a personal injury jury. However, this is what a personal injury attorney does. They will have the resources necessary to prove emotional distress and then present the information to the other parties involved.

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