Emotional distress is largely psychological. The suffering can be as great, if not greater than physical injuries, and can last much longer. Plaintiffs however, can have a difficult time proving to a court they are entitled to damages.
Some Ways to Help Prove Your Claim
If you’re pursuing a claim for emotional distress, here are some ways you may be able to prove your claim:
- Related Bodily Harm. While it may be difficult to point out evidence of the emotional distress, you may more easily provide evidence of related bodily injury like ulcers, headaches, and other physical signs of distress.
- Underlying Cause. The more extreme the underlying cause of the emotional distress, the more likely a court will find emotional distress. For example, surviving a bombing may be more likely to support a claim than being the victim of an ordinary rear-end car accident that resulted in no physical injuries.
- Doctor’s Note. A note by a doctor or psychologist should be provided to support every claim.
- Duration. Persistent and recurring pain that remains with you for a long period of time, like post traumatic stress, may also help prove severe emotional distress.
Contact An Attorney
When making a claim for emotional distress, it’s important to work with an experienced personal injury attorney. As previously stated, proof can be very difficult in these claims, and your attorney can help guide you through.