While emotional distress may not leave visible scars, related bodily injuries can help substantiate the claim. Evidence of physical symptoms such as headaches, ulcers, and insomnia can help show the emotional distress you suffered. This physical evidence can be critical in showing that the psychological injury has caused tangible harm. An emotional distress claim requires physical injury or some other type of actual harm. There are no legal claims for near misses.
For example, if another vehicle is very close to hitting you but manages to avoid a collision, there is no right to receive any compensation. Proof can be very difficult in these claims, and a personal injury attorney can help guide you in your emotional distress case. They will evaluate if you have reason to sue someone out of emotional distress, either because of scandalous conduct such as defamation or for something as heartbreaking as being involved in a serious accident in which you witnessed firsthand a wrongful death. Unfortunately, collecting compensation for emotional distress isn't easy without a personal injury attorney on your side.
For those considering claiming for emotional distress, we'll summarize a bit of the legal theory behind this area of the law and give them some tips that could help you with your claim. A medical professional can testify and provide documentation about psychological pain and any related physical injury. For example, compensation is sought for a car accident for emotional distress in the case of automobile mishap where an apology no longer works things out. With the help of your attorney, the next step is to file the claim for intentionally inflicting emotional distress.
Emotional distress can be difficult to prove because you can't physically view emotional distress the same way you can view physical injury. For example, you may want to demonstrate both the intensity and duration of your distress and submit supporting medical documentation from your doctor about psychological pain and any related physical injury. Working with experienced personal injury attorneys can help you get the compensation you deserve for your emotional trauma. It may be easier to see physical damages, but that doesn't mean that a strong legal team can't gather your documentation and stories of distress to help highlight how your personal injury has affected your emotional well-being. An experienced personal injury attorney can help guide plaintiffs through the process and help them overcome the complexities of emotional distress lawsuits.
Recognizing and addressing this emotional distress is essential to seeking justice and supporting the grieving family. In addition, when a personal injury changes a person's abilities in any way, emotional distress is common.