When you have suffered emotional distress as a result of a personal injury, you want to work with a professional Greenville personal injury attorney who is committed to seeking the appropriate compensation based on the psychological impact of your individual case. Being able to identify the many different types of emotional distress can be challenging because they are so vast and varied.
Some signs of emotional distress as a result of an injury could simply be a lack of sleep, anxiety, and increased levels of fear. More complicated cases of distress involve uncontrollable crying, depression, and humiliation. The degree of the emotional distress varies significantly from one person to another. For this reason, there simply is no one quick-fix for emotional distress. To determine if your symptoms are compensable, write down all those negative feelings you experience on a regular basis that are limiting your day-to-day actions.
In order to have one of our Greenville personal injury lawyers file a claim on your behalf for emotional distress, here are five ways you will need to prove your claim is valid:
1. Pain Intensity
The better chance you have proving to a court that you are under emotional distress, is the level of intensity concerning your mental pain and anguish. To receive compensation for this condition, the more significant the pain, the more positive the courts will respond. If your case involves negligent infliction concerning the emotional distress, some courts might require there be some form of personal injury associated to the distress.
2. Duration of Your Pain
To help better prove your case concerning your emotional distress, periodic and persistent pain that affects your day-to-day life for the long-term can positively impact your case.
3. Bodily Harm
Without the appropriate representation in court, it can be a real challenge to prove to a jury that you are suffering emotional distress. It is much easier to provide evidence the stress has lead to significant bodily harm, like in cases where the stress went on to cause ulcers, migraine headaches, and severe physical manifestations.
4. The Underlying Cause
If you can show the court that the underlying cause of the emotional distress is more serious, it can make it easier for the courts to find your claim valid. Showing the court that you have recently survived a shooting is easier to associate to emotional distress than trying to claim it was a result of being rear-ended in an automobile accident.
5. Note From a Physician
To substantiate any claims of distress or injury related, a valid note from your physician needs to be presented to support your claim.
By combining a few of these methods, you stand the best chance to proving in court your claims are in fact valid. By demonstrating to the court you have been suffering with severe depression since the injury, and back up those claims with documents showing treatment with several depression and anxiety treatment specialists, you stand a better chance of convincing the courts your injuries are valid.
Before you file any papers concerning emotional distress, it is always best to work with a professional personal injury lawyer. Proofing these types of cases can be a challenge. Your lawyer has the experience to present your case in a way that you have the best chance of receiving the compensation you deserve.
Want to read more about what defines emotional stress: http://en.wikipedia.org/wiki/Emotional_distress