Proving Emotional Distress Damages In an Accident Claim
One of the most common injuries suffered in a serious accident is emotional distress and trauma. Although emotional harm or distress does not display any physical symptoms, such as a broken bone, it can have just as much of an impact on your life as physical injuries. In some instances, emotional harm can leave a victim more in pain than physical injuries.
Emotional distress may not be as easy to identify as physical injuries. But victims who suffer emotional and mental harm as a result of a traumatic accident know the pain all too well. Emotional distress can be disabling and debilitating and you deserve full compensation if it was the result of an accident caused by someone else.
Emotional distress can display symptoms in a victim in a number of different ways, including:
- Post traumatic stress disorder
- Panic attacks
- Obsessive fears
- New onset phobias
- Frightening flashbacks
- Anguish and sorrow
- An inability to function at work or in daily life
- Social anxiety
- Inability to concentrate
- Major depression
This extensive list includes the various examples of emotional distress that can be brought on by an accident, injury, or other types of trauma.
Two Legal Forms of Emotional Distress
The law recognizes two forms of emotional distress, depending on whether someone intentionally or negligently caused the underlying accident. Most claims are for negligent infliction of emotional distress, in which case the other party inflicted the harm negligently or in the same manner in which the physical injuries were caused.
Intentional infliction of emotional distress occurs when the responsible party either intends to cause emotional harm, or acts in such an outrageous or reckless manner that they should have reasonably known that emotional harm would result.
5 Ways To Prove Emotional Distress
Below are five ways to prove your emotional distress case:
- Duration of your injuries – The amount of time you have suffered emotional distress or trauma can impact proving your case in court. Recurring pain that stays with you and impacts your enjoyment during activities can mean a greater value claim.
- Intensity of mental pain – If your emotional distress is particularly intense, it justifies greater compensation.
Physical signs of emotional distress – In some severe cases, emotional distress can manifest physical symptoms, such as headaches, ulcers, and other health conditions related to stress or mental anguish.
- Underlying cause of emotional distress – Not all emotional distress claims have the same odds of being successful, as the type of accident you were injured in can be a big factor.
Medical records – Medical records can go a long ways toward successfully proving claims for emotional distress and trauma. It may also be useful to get medical records or a note from a psychologist.
If you or a loved one has been injured in an accident, you should immediately consult with an experienced attorney as you may be entitled to compensation. For more information or to schedule a complimentary consultation with a Los Angeles personal injury lawyer, please call the Law Offices of Samer Habbas at (888) 848-5084.