Emotional distress from a personal injury is sometimes grounds for compensation to the injury victim for the psychological impact of injury that he or she has had on his or her day to day life. The list of signs of emotional distress is long and different.
Some of the signs of emotional distress include fear, anxiety, and sleep loss. There are also some cases of crying jags, depression, fright and humiliation. Emotional distress is a very personal sort of damage, and it varies from one person to the other. There’s no hard and fast definition, therefore, if you’re experiencing mental symptoms after an accident, write them down. Those signs may be compensable. What is stressful to someone else may not be stressful to you and vice versa.
For those pursuing a claim or considering pursuing a claim for emotional distress, here are top five ways you may be able to prove your claim:
The more intense the mental pain, the better chance you have of proving that your emotional distress was seriousness enough to receive compensation. In some situations, however, especially, cases alleging negligent infliction of emotional distress, courts will usually require some type of physical injury as well.
Persistent and periodic pain that remains with you for a very long time, like post-traumatic stress, may additionally help prove severe emotional distress.
- Related Bodily Harm
While it may be hard to present evidence of the emotional distress in court, you may more easily present evidence of related bodily harm like headaches, ulcers, and other physical manifestations of distress.
- Underlying Cause
The more serious the underlying cause of the emotional distress, the more probable a court will find emotional distress. For instance, surviving a bombing may be more probable to support a claim in court than being the casualty of an ordinary read end car accident that resulted in no physical injuries.
- Doctor’s Note
A note by a psychologist or a doctor should be presented to support every claim.
You will usually need to combine several of these methods in proving your claim. For instance, you may need to demonstrate both the duration and the intensity of your emotional distress and present supporting medical documents from your psychologist or doctor for the mental pain and any related physical injury.
If you are filing a claim for emotional distress from a personal injury, it will be wise to work with an experienced personal injury lawyer. Proof can be very hard to find in these claims, and a lawyer can help you through your case.
To read more about emotional distress: http://en.wikipedia.org/wiki/Emotional_distress