How to Prove Emotional Distress

How to Prove Emotional Distress

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 they treat.

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.

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