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What is Emotional Distress and How Does It Impact Your Personal Injury Case?

When a person is injured in an accident, there is often plenty of physical evidence of their injury. If they have broken a bone, then an x-ray can prove it. If they have a brain injury then advanced imaging can show it. The same cannot be said of emotional distress. Though it can be just as devastating as a physical injury, it can be challenging to prove. Keep reading to find out more about this situation and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.

The definition of emotional distress

From a legal perspective, emotional distress refers to mental hurt or anguish that was caused by the actions of another person. It is a unique type of damage in a personal injury case, in part because the compensation awarded can vary so greatly. This is because the emotional trauma can be so different from one person to another, depending on the specifics of the accident and their own medical and personal history.

The following is required to prove emotional distress

If you are filing a personal injury lawsuit you cannot simply claim emotional distress and expect to be paid. Instead, there are several factors that must be proved. You must show that your emotional distress is constant and continues, that the action that was taken by the defendant caused the emotional distress, and that the emotional distress is significant.

The translation of emotional distress to pain and suffering

Pain and suffering is any type of physical pain but it also refers to emotional and mental anguish that resulted from physical injuries caused by another person. To show that your level of emotional distress has caused significant pain and suffering, you must, you will need to show how serious the distress is and how long you have suffered from it. You will need confirmation from your doctor that the physical injuries are the cause of your psychological symptoms.

Common examples of emotional distress

There are a variety of symptoms of emotional distress. They can include loss of sleep, fear, extreme anxiety, fright, depression, and other symptoms. While the specifics can vary from case to case, your doctor can accurately diagnose what your symptoms are and what the causes are.

You need an experienced attorney to win your case

It is easy for the insurance company you are suing to poke holes in anyone’s case for emotional distress. It is also easy for a qualified personal injury attorney to counter their points. Do not try to take on this burden yourself. Work with an attorney who can help fight any case for you. Reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for your free legal consultation.