Physical injuries are not all there are to a personal injury case. When you go through or witness a serious accident, it will almost definitely cause some level of emotional distress. However, when it comes to proving this in a legal claim, things can get tricky. This is where you will need the assistance of a personal injury lawyer to navigate these procedures to maximize your chances of compensation. In this article, we share with you what qualifies as emotional distress as well as how you can go about proving it.
What Qualifies as Emotional Distress?
It is natural for victims to suffer emotionally in some way after an accident. Do not discount your suffering just because they are not physical in nature – you deserve to be compensated for your losses, both financial and non-financial. Some common forms of emotional distress victims suffer from include:
- Heightened levels of anxiety and worrying
- Post-traumatic stress disorder (PTSD)
- Excessive grief or crying
- Constantly replaying the events in your head and suffering from flashbacks
- Inability to rejoin the outside world and participate in activities you enjoyed before
- … and many more
If these consequences are a result of having gone through or witnessed an accident, you could have a legal claim.
Proving Emotional Distress
Understandably, emotional distress can be tricky to prove. Most victims rely on one or more of the following ways to achieve this:
- Testimonies from family and friends who live in close quarters with you
- A journal recounting the events and your feelings following the accident
- Facts surrounding the underlying accident, such as the nature of the injuries you suffered. Generally speaking, the more severe the accident, the more traumatized victims will be.
- Medical testimonies from doctors and/or therapists
Do I Have A Case?
If you were not a direct victim of the accident – i.e., you did not suffer physical injuries – but were traumatized as a result, you may be wondering if you have a legal claim for emotional distress. Below are the criterion for establishing emotional distress:
- You must be a victim of the accident OR
- You must have been a witness of the accident as a close relative of the victim
To qualify for emotional distress compensation, there must be some form of physical injury or tangible harm done. If, for instance, you were headed for a collision but the driver swerved at the last minute, resulting in a near miss, there is no legal claim even if you were affected emotionally by the accident.
Choose Corradino & Papa, LLC For Personal Injury Compensation and Representation
If you have a personal injury claim, you can count on expert representation from Corradino & Papa, LLC. With more than twenty-five years of experience representing victims, we have managed to build a wide base of satisfied clients and a successful track record. Contact us today for a free consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.