Is Emotional Distress an Injury in Court?
There are many types of injuries that occur during accidents, although most people are more familiar with physical trauma and pain, there's also emotional distress to consider.
When an accident happens, the stress of having to deal with physical pain, and inconveniences such as arrangements for doctor visits, missed time from work and even negative family impacts resulting from these events, can be severe. Pain and suffering is the more widely used legal term for these types of claims, and refers to the combination of injuries that a plaintiff may suffer as a result of an accident that include physical and emotional trauma.
The value of a claim can increase significantly if there's physical injury and emotional distress. It takes more of a toll on the victim if they are attempting to recover from both physical and emotional trauma.
Proving Emotional Distress in Court
So we know damages for pain and suffering are recoverable, but how can they be proven? After all, you can't see this type of injury like you can see physical injuries. Proof of emotional distress may involve additional forms, details and medical records. Talking to a doctor about any emotional trauma is also important. The more evidence you have to support your claim, the better. Proof of treatment by a mental health professional is also helpful, especially when claiming injuries such as increased anxiety, insomnia, or depression.
The extent of your injuries, both physical and emotional, should be evidenced through documentation such as photographs and personal journals that you keep to record physical pain and emotional feelings throughout the ordeal. Documentation from friends and family can also provide additional evidence of the ways the injury has negatively impacted the victim's life. Be thorough in your own notes that you keep, including any emotional issues, particularly ones you never experienced prior to the accident.
Although it's more detailed to bring emotional distress into an injury claim, it's actually quite common. Most people who suffer physically also endure emotional distress. It's important to be compensated for all injuries, even the ones that aren't as obvious. Emotional trauma takes a toll on the body and can even impede the progress of physical recovery. Lack of rest and depression negatively affect physical problems and can prolong healing. Even if the physical injuries are minor, the emotional impact can be serious.
Doctor visits, personal records, and medical records are important, but so is proper representation, that's why an experienced team of professionals is your best course of action if you've been involved in an accident. At Alexander Law Group, PLC we have the experience to expertly guide you through the process and to make sure you're compensated for all of your injuries. Let us take care of that for you so you can concentrate on your recovery. Give us a call (804) 271-1969 or visit us online.