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Did you suffer Emotional Distress in an Accident?

Five Ways to Prove Emotional Distress

What is Emotional Distress?

In the United States, an individual may receive an award if they have suffered emotional distress. This is quite often referred to as “mental anguish” which is when conduct by another person is so horrible, that it causes severe emotional trauma to the victim.

What are the different types?

Intentional Infliction of Emotional Distress happens when someone intentionally or recklessly causes someone else to endure this distress. However, this conduct must be extreme and outrageous. It

must be so outrageous that it goes beyond all bounds of decency.

Negligent Infliction of Emotional Distress occurs when an individual

suffers distress as a result of the negligence of another person. This is different from the Intentional Infliction of Distress, where the person inflicts distress either recklessly or with knowledge or with purpose.

Common Symptoms

  1. Anxiety
  2. Depression Loss of Consortium
  3. Insomnia or Sleep Disturbances Guilt
  4. Mood Swings
  5. Loss of Consortium 
  6. Guilt 

Five Ways to Prove Distress

  1. Intensity depends upon how intense the mental anguish was inflicted upon the individual. The more intense the infliction is, the better the claim is. For Negligent Infliction of Distress Claims, an injury is required.
  2. Duration relates to how long the distress has been inflicted for. The longer the period of the time that an individual inflicts emotional distress, the stronger the claim is.
  3. Related Bodily Harm often includes headaches, ulcers, or other similar symptoms. If a person is suffering emotional distress and can prove that during the period of suffering there was a related bodily harm, this can help prove that distress was inflicted.
  4. Underlying Causes can help establish a claim. The graver the underlying cause is can better help establish that a claim for emotional distress exists. If an individual is involved in a common occurrence which results in alleged  distress, this may not be as strong as a claim as some treacherous activity that causes emotional distress.
  5. Doctor’s Note can help establish that a person is in fact suffering from distress. A medical provider can assess the patient to determine the symptoms and is quite essential to the claim.

Helpful Evidence to Help Support your Claim

  1. Mental Health Narratives
  2. Letters
  3. Journals
  4. Prescriptions

Personal Injury Claims 

For any personal injury claim, it’s very important to remain honest about your symptoms. Often people tend to “inflate a claim” and we advise any potential person suffering from distress not to do this. We can help determine if you have an emotional distress claim and how to prove it. Contact our firm today!

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