Emotional Distress in a Personal Injury Case

Many people don’t realize the impact that serious accidents can have on their mental and emotional health. Many victims of accidents find themselves replaying the event through flashbacks and nightmares. You may experience severe anxiety, depression, or post-traumatic stress disorder (PTSD) after a serious accident.

Serious accidents can have serious mental consequences. Many people don’t realize they can seek compensation for emotional distress. You may be eligible for compensation for your pain and suffering as part of a personal injury claim. This includes both mental and physical pain.

What Is Emotional Distress?

Serious injuries can cause mental distress and affect a person’s mental health. The specific facts of a personal injury case will determine if the mental anguish was caused by negligence or intentional.

If you are involved in a crash with another driver, all the emotional distress that you feel from your injuries and the experiences you had would be considered negligence. You would feel emotional distress if someone deliberately hurt you during a physical attack.

How to Prove Emotional Distress in a Personal Injury Case

It can be difficult for an individual to prove emotional distress when they are seeking compensation in a personal injury case. Evidence of emotional distress will be required, such as a medical diagnosis for depression, anxiety, insomnia, or loss of consortium. Our lawyers will help you show how these symptoms have affected your daily life.

These are some ways you can prove that you suffered emotional distress following an accident.

  • Medical records – These records can be used to establish the extent of any injuries that you have sustained and how they might have contributed. These records can be used to support an emotional distress claim if you have been diagnosed with a psychological condition as a result of your injury.
  • Keep a journal – Recording daily details about how injuries affect your ability to enjoy life and take part in activities can help you see how emotional distress has affected the quality of your life.
  • Expert testimony – A psychologist or other mental health specialist can testify to your emotional distress.
  • Statements from family and friends – This is testimony from close friends and family that can show how your injuries have affected you, particularly when it comes down to your mental health.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a St Petersburg personal injury attorney. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.

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