Emotional distress is a very real consequence of being injured and can be a major factor when you’re seeking compensation for damages in a personal injury case. At The Law Offices of Gold, Albanese & Barletti, LLC, our attorneys will assess your personal injury case and determine which types of damages are appropriate for your specific situation.
What Are Damages In A Personal Injury Case?
Compensatory damages are monetary compensation for a plaintiff who has suffered injuries and losses due to someone else’s negligence. Economic damages are easy to determine — a dollar amount can be put on the cost of medical bills, lost wages and other accident-related expenses.
Noneconomic damages are more difficult to determine — how do you put a price tag on damages like pain and suffering, emotional distress and mental anguish? Noneconomic damages can be calculated in various ways, so it’s best to consult with an experienced attorney to ensure you receive maximum compensation for all noneconomic damages in your personal injury case.
Proving Emotional Distress In A Personal Injury Case
Because emotional distress is psychological, this type of injury can be difficult to prove. Emotional distress can take many forms, but some common indicators of it include fear, anxiety, insomnia and depression.
Some of the most compelling evidence of emotional distress is medical records. When seeking compensation in a personal injury claim, your attorney will gather all of your medical and mental health treatment records that show you’ve suffered physical and emotional harm. Your attorney may also ask your health care providers to provide statements or testify about your physical and psychological conditions. If you’re taking medication to deal with your emotional distress, make sure you keep a list and hold onto the bottles. These medications can provide proof that you’ve suffered psychological trauma or emotional distress after your accident.
Writing your thoughts down in a journal can also provide evidence of your mental state and how your injuries have affected your life. A knowledgeable personal injury attorney will collect all evidence that supports your claim for emotional distress and advise you on any additional steps to take to prove that you are suffering.
If someone’s egregious or outrageous conduct intentionally or recklessly caused psychological pain, you may be entitled to file a claim for intentional infliction of emotional distress. In this type of personal injury case, you must prove that the other person acted intentionally or recklessly, that their behavior was so extreme that it went beyond the bounds of decency or that the emotional stress suffered was so severe that no reasonable person could be expected to endure it.