How to Prove Emotional Distress
Most personal injury cases show obvious signs of damage, whether it be a broken bone or scar from an accident, or injury caused by medical malpractice. But proving emotional distress is based largely on psychological factors.
When filing a claim or lawsuit to receive compensation, the process of proving emotional distress can be challenging for the victim and their attorney. However, compensation is still required in many incidences where there are extensive medical bills, economic damages, lost wages, and other damages.
Victims often seek compensation for their damages in a variety of emotional distress situations. These can include:
[Also see: What Is Wrongful Death?]
Many times, the emotional distress caused at the hands of another is more harmful than physical injuries. However, to prove it requires a specific pathway. Many attorneys and victims successful in an emotional distress personal injury case use the following guideline.
Intensity
If the victim can prove the high-level of intensity of mental anguish caused by the action of another, emotional distress is easier to prove for the deserved compensation. However, many courts require proof of a physical injury along with an emotional one.
Duration
Recurring and persistent pain, including post-traumatic stress, can be used as a way to show the long-lasting effects of emotional distress as a result of the negligent action of a person or entity.
Related Bodily Harm
Emotional distress often displays itself in physical ways. Some victims that seek compensation are able to point directly to physical signs of the emotional distress that displays itself is headaches, ulcers, nausea, insomnia or other conditions.
An Underlying Cause
Sometimes, emotional distress is acquired by an extreme underlying cause. If the victim experienced some catastrophic event, such as a bombing, explosion, building collapse, or other huge occurrence, emotional distress may be easier to prove in court, than say a simple rear end vehicle collision.
Support from Doctors
While an x-ray, MRI or CAT scan might prove a physical injury, medical notes from a physician or a psychologist could be used as proof positive that emotional distress has occurred as a direct result of the negligent action of another. In fact, the doctor may be able to show specific physical signs as a result of the emotional distress including high blood pressure, general physical illness, nervous system disturbance, or signs of depression.
Just because an emotional distress personal injury case might be more challenging to prove does not mean that step should not be taken. Every victim of an emotional distress case should preserve their remedy and rights to receive fair compensation for their injuries.
When filing a claim or lawsuit to receive compensation, the process of proving emotional distress can be challenging for the victim and their attorney. However, compensation is still required in many incidences where there are extensive medical bills, economic damages, lost wages, and other damages.
Victims often seek compensation for their damages in a variety of emotional distress situations. These can include:
- Negligent Action – This type of negligence often inflicted a physical injury as well as an emotional one. The negligence or carelessness can be caused by an individual or an entity.
- Intentional Tort – Any type of intentional tort could or could not be accompanied by physical injuries, or harm caused to the victim on purpose. The action will also have inflicted emotional distress.
- Negligent Infliction – Emotional distress caused by negligent infliction is usually proved when the conduct of the defendant was so egregious that it caused severe emotional harm.
[Also see: What Is Wrongful Death?]
Many times, the emotional distress caused at the hands of another is more harmful than physical injuries. However, to prove it requires a specific pathway. Many attorneys and victims successful in an emotional distress personal injury case use the following guideline.
Intensity
If the victim can prove the high-level of intensity of mental anguish caused by the action of another, emotional distress is easier to prove for the deserved compensation. However, many courts require proof of a physical injury along with an emotional one.
Duration
Recurring and persistent pain, including post-traumatic stress, can be used as a way to show the long-lasting effects of emotional distress as a result of the negligent action of a person or entity.
Related Bodily Harm
Emotional distress often displays itself in physical ways. Some victims that seek compensation are able to point directly to physical signs of the emotional distress that displays itself is headaches, ulcers, nausea, insomnia or other conditions.
An Underlying Cause
Sometimes, emotional distress is acquired by an extreme underlying cause. If the victim experienced some catastrophic event, such as a bombing, explosion, building collapse, or other huge occurrence, emotional distress may be easier to prove in court, than say a simple rear end vehicle collision.
Support from Doctors
While an x-ray, MRI or CAT scan might prove a physical injury, medical notes from a physician or a psychologist could be used as proof positive that emotional distress has occurred as a direct result of the negligent action of another. In fact, the doctor may be able to show specific physical signs as a result of the emotional distress including high blood pressure, general physical illness, nervous system disturbance, or signs of depression.
Just because an emotional distress personal injury case might be more challenging to prove does not mean that step should not be taken. Every victim of an emotional distress case should preserve their remedy and rights to receive fair compensation for their injuries.
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