Personal Injury Lawyer
Emotional Distress Claim
“Pain and suffering” can include many things, and many may be something individuals would like compensation for if someone has caused them this pain. Individuals may wish to pursue emotional distress claims in some instances, and understanding what that is can help you know your options before filing one. A person’s emotional distress arises when the act of another individual or company causes them grief. A lawyer, such as a personal injury lawyer from The Law Offices of Andrew Lynch may add emotional distress to a claim for damages in many personal injury cases. The calculation of emotional distress usually requires physical injury as well in tort cases, but in many cases, it is also added to physical injuries. The amount you owe for emotional distress is difficult to calculate, so you should hire a lawyer to assist you with your claim.
Types of Emotional Distress in Tort Claims
Although many courts dismiss these cases, there is one aspect of loss of consortium that can lend credibility to this case. Depending on the state, there are no requirements for physical harm; however, in some cases, it can be useful. One may seek compensation for emotional distress damages in several ways, including:
- Having anxiety that appears suddenly or increases
- Experiencing sleep deprivation or insomnia
- Having trauma-related fear
- Having depressive episodes
- Having a feeling of discomfort or humiliation in certain settings
Injuries reported during medical treatment, along with photographs, are used to calculate physical damages. In spite of the fact that some medical treatments for emotional distress are available, it is often difficult to keep a record of damages. The importance of keeping notes, therefore, cannot be overstated. Any journals you kept before or after the incident in question, as well as any therapy you sought is very helpful. If you are facing an insurance company or opposing counsel, you can use all these things to support your case.
A person who is in emotional distress or discomfort has a difficult time dealing with it. Your case is not made any easier by the fact that these things are just as difficult to prove. Please don’t face this alone. If you or someone you know has experienced emotional distress as a result of a negligent act by someone else, then it is highly recommended that you consult a skilled personal injury attorney in your area who has experience handling cases like yours. Reach out to one you can trust today.