The impact of personal injury goes beyond the physical and emotional distress and is one of the most devastating setbacks following an incident. The emotional aftermath of a car accident, or the trauma that can accompany a serious injury, can be just as debilitating to your quality of life as any sort of physically painful injury, explains the Baer Law Office. To successfully prove you are entitled to emotional distress damages in a personal injury claim, you need to expect the following steps along with proper documentation and an understanding of the law. In this blog post, we will explain how to prove your emotional distress claim.
1. What Does Emotional Distress Mean?
Emotional distress is a psychological response to experiencing trauma. This can include:
- Anxiety
- Depression
- Post-Traumatic Stress Disorder (PTSD)
- Insomnia
- Fear and phobias
- Mood Swings and Irritability
This makes it difficult to establish in court, as unlike physical injuries, emotional distress cannot be seen. Nonetheless, all problems can be solved with the right approach.
2. Seek Professional Help
Seeking the assistance of a mental health professional is one of the most important things you can do to prove emotional distress. A psychologist or psychiatrist will be able to assess your mental state and the intensity of any emotional distress you are experiencing.
As soon as you can, make an appointment with a mental health specialist. Attend all therapy sessions as advised, and adhere to treatment regimens. Ask your mental health physician for written declarations and comprehensive documents about your diagnosis and course of therapy.
3. Keep a Record of Your Mental Anguish
Having a journal of your emotional states can be the best proof. Such documentation can involve a personal journal, affidavits from family and friends, and documentation of lifestyle changes due to your distress.
4. Gather Medical Evidence
Aside from your mental health records, other medical documentation can help you. Also included are any bodily symptoms caused by your emotional suffering, including headaches, digestive tract problems, or hypertension.
5. Show How It Affects Daily Routine
The most important thing for showing your claim is how emotional distress has affected your life. These changes may be in your work, or socializing, which I can do daily.
What to Provide:
- Missed days of work, loss of productivity on the job, or loss of a job directly related to emotional distress in employment records.
- Records of changes in your social life, hobbies, or intimate relationships.
- Employers, fellow employees, and social groups statements on how your distress impacts how you perform or interact.
6. Documentation and Testifying as an Expert
Understanding emotional distress is complicated, and even personal injury lawyers in Des Moines will tell you that proving it can be difficult as well. Your attorney assists in obtaining all evidence, expert testimony and properly presenting your case.
What to Do:
- Get a personal injury lawyer with expertise in emotional distress claims on your side.
- Have your mental health professional or other experts testify as to the level of distress you are experiencing.
- Draft all necessary legal documents and gather evidence in support of your case for trial or settlement negotiations
In a Des Moines personal injury case, demonstrating emotional suffering necessitates a thorough and recorded process. You may make a compelling case for your claim by getting expert assistance, recording your experiences, obtaining medical proof, and illustrating how it affects your day-to-day activities. Working with an experienced personal injury attorney can also greatly increase your chances of getting just compensation for the psychological suffering you have experienced. Keep in mind that expert assistance and comprehensive, consistent paperwork are essential for a successful claim.
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