If you are wondering what it means to recover damages for “emotional distress,” you are not alone. Emotional distress is one of the more difficult types of injuries to prove. A psychological injury is not as obvious as a broken bone that appears on an x-ray, but you still have a legal right to recover damages for the harm you have suffered.
Below are a few factors to consider when proving your claim for emotional distress:
· The intensity of your emotional distress will impact your ability to prove damages. In fact, in many cases of negligent infliction (as compared to intentional infliction) of emotion distress, the court looks for some type of physical injury that is linked to your distress. For example, if your emotional distress and mental anguish over an accident has caused you to form ulcers and have stomach pain.
· If your emotional distress has persisted or reoccurred for a lengthy period of time, it may be easier to prove. Post-traumatic stress disorder is an example of a psychological injury that typically lasts for a long time.
· If you can demonstrate physical harm associated with your mental distress, it can further your claim. Common physical symptoms of emotional distress are headaches, stomach problems, ulcers, and insomnia.
· Clearly identifying the underlying cause of your distress is important for recovering damages. For instance, the sole survivor of an auto accident that lost his entire family in the crash is more likely to prove emotional distress than the victim of a fender-bender.
· Having a physician’s diagnosis or documentation regarding your emotional distress is an important piece of evidence to support your claim. Whether it is a general medical doctor or a psychologist, therapist or counselor or all of the above, medical testimony regarding the mental harm you have experienced is essential to your case.
If you have suffered emotional distress related to an accident caused by the negligence of another party, it is important to confer with an experienced personal injury attorney.
If you have been involved in an accident, you need an attorney to protect your best interests. At Murphy & Garner, LLC, we have over 32 years of experience serving clients in western Georgia and the surrounding area. We will fight for your rights and get you the compensation you deserve. Call us today for a free consultation at (866) 942-0552 or (678) 563-1584.