While most personal injury cases focus on bodily harm, emotional distress
can also cause lasting pain and suffering. If you have experienced emotional
distress as a result of the actions of another individual, it is important
to seek the compensation you deserve. Emotional distress can be a result
of trauma inflicted by another individual, loss of companionship caused
by wrongful death, or a side effect of a physical injury. This is how
to determine emotional distress.
Are you experiencing symptoms?
Following an incident, you may be experiencing symptoms such as lack of
sleep, depression, anxiety, fear, and humiliation. These are all very
real symptoms that can be sometimes directly attributed to an incident
caused by other persons.
If you are experiencing symptoms, who is at fault?
While state laws vary and it is best to consult a Long Island personal
injury attorney about your specific case, if you are experiencing symptoms
of emotional distress as a result of the reckless actions of another individual,
someone’s negligence, or as a result of a physical injury, it is
possible that you can seek compensation. While state laws vary, emotional
distress must be determined to be significant and intentionally caused.
For example, if you were locked in a closet for hours at work, this could
be a cause of emotional distress. If your coworkers are rude, insulting,
or using harmful language, these instances usually do not apply.
Do you have the proper medical records?
If you have experienced symptoms of emotional distress, no matter what
the cause is, you should always see a doctor and document these symptoms.
If you have been seeing a psychiatrist or psychologist for your emotional
distress these records can prove invaluable. Additionally, if your emotional
distress stems from an injury, it is important to have those medical records
on hand as well. If you have been taking any prescriptions as a result
of your physical injury or to help cope with your emotional distress,
you should also keep a record of what these prescriptions are and what
Were there witnesses?
You should keep a detailed record of the events that lead to feelings of
emotional distress. This can include a police report of the incident,
a journal of your experiences in the days following the incident, and
a detailed written description of your experience during the incident.
While these written documents are important to your case, if there were
any other witnesses to the event, you should obtain contact information
for those individuals. Witnesses will help prove a case of emotional distress
as they will be able to confirm malice if necessary, and to describe the
scene of the event to the necessary parties.
If you have been injured or have suffered emotional distress due to someone
else’s actions, the most important step you can take is to contact
a Long Island personal injury lawyer. Even if you are unsure as to whether
or not you have a case, the best person to determine your next steps is
personal injury attorney. A consultation with The Odierno Law Firm, P.C.
is free, so if you believe that you may have a case, call us at 877-379-5144.