How do You Prove Emotional Distress From an Accident?
Typically, in a personal injury suit, emotional injuries will be referred to as “pain and suffering” and damages will stem from them. Most often, this will include injuries like mental anguish, emotional distress, fear, anger, and anxiety. Many people suffering from emotional distress may find that their distress fades away with time, but others will have such a severe case that they require professional medical or psychological help. Proving emotional injuries is the difficult part for some. Many people will attempt to make their own testimony about mental distress, but this does not always bring the best results – sometimes professional treatment and medical testimony is needed. Now you can find out how to prove your case.
Proving Emotional Distress
Intensity: Depending on how severe your mental anguish is, your case will be easier to make. Courts will require solid evidence showing this.
Duration: How long have you dealt with this mental anguish? If this pain has been persistent and disrupted your daily life, you may be entitled to damages. Serious and long-lasting issues such as post-traumatic stress may help prove your case.
Bodily Harm: Perhaps your case of emotional distress also contained evidence of physical distress. This could include ulcers or headaches that have been accepted by a medical professional.
Underlying Cause: If the underlying cause was extreme, the court may be more likely to prove emotional distress. If there was evidence that the plaintiff suffered something extreme, such as a bombing, the case will be easier to prove.
Doctor’s Note: Sometimes, a doctor or psychologist can step in and provide evidence to support a claim.
To prove your claim, you may need to consider a couple of these listed tips. For instance, sometimes medical documentation is not enough and you may need to prove that a distressing event occurred. No matter what, we are here to help you prove your claim. Call us today to speak to an experienced attorney about your personal injury.