Arizona

How to Prove Emotional Distress in a Personal Injury Claim?

December 5, 2020

Proving Emotional Distress in a Personal Injury Claim

Sustaining a personal injury can be a significant setback for a victim and their family. Not only does an injury victim have to deal with the pain and suffering from the actual physical injury, but they may also have to deal with severe emotional distress.

Emotional and psychological injuries can be incredibly detrimental to an injury victim’s well-being, though compensation for these injuries is often overlooked. Here, our team of Phoenix personal injury lawyers want to discuss how you can prove emotional distress injuries if you or a loved one have been injured due to careless or negligent actions of another individual.

What are Emotional Distress Damages?

Emotional distress damages are usually allowed in personal injury cases, and they are designed to compensate victims for the emotional and psychological impact that the injury has had on their daily lives. There are various ways that emotional distress can manifest itself in a person’s life after they sustain an injury, and these emotional injuries can arise due to the accident itself, the injuries, and the recovery process. Some of the main types of emotional distress include the following:

  • Anxiety
  • Fear
  • Sleep loss
  • Depression
  • Anxiety
  • Humiliation
  • …and more

Emotional distress is very subjective, and it varies significantly from person to person. There is no exact definition of emotional distress damages, and it is crucial to work with a skilled attorney who can help prove these injuries in court.

Proving Emotional Distress After an Accident in Arizona

Evidence is a significant factor in understanding whether or not a person can recover emotional distress damages in a personal injury lawsuit. There are various ways that an injury victim can prove that they have sustained emotional distress. Here, we list several examples of evidence that could be used in a claim:

  • Physical injuries. Physical injuries caused by an accident are relatively easy to identify and prove. This can include cognitive impairment, severe headaches, ulcers, and other injuries that could indicate emotional distress.
  • Medical reports. Reports from doctors or psychologists are major factors in demonstrating emotional distress, which is why it is important to seek medical care immediately following an accident.
  • The severity of the initial injury. The more extreme and detrimental the initial injury, the more likely it will be that the court will rule for emotional distress damages.
  • Time. The longer a person experiences emotional distress caused by an accident, the more credible their case will be.
  • Testimonies. The court can also use testimony from friends, family members, co-workers, and doctors who can discuss how the injury and recovery have impacted a victim’s life and mental status.

Will You Need an Attorney to Help?

If you or somebody you love has been injured due to the careless or negligent actions of another individual, company, or entity, you should speak to a skilled lawyer as soon as possible. An attorney will be able to use their resources to determine liability in the case and handle negotiations with all parties to secure fair compensation.

Additionally, an attorney will be fully aware of how to prove emotional distress damages in your case. At Torgenson Law, we are ready to help when you need an Arizona personal injury attorney. You can contact us for a free consultation of your case by clicking here or calling 602-600-0492.