How Can You Prove Emotional Distress in an Injury Claim?

July 18, 2022

If you were involved in a traumatic accident like a cataclysmic car accident where you suffered considerable injuries and the details of how the crash happened are not ceasing to haunt you, you may be suffering from emotional distress. Even when physical bodily harm after an unintentional injury accident is considerable, the emotional toll that weighs a person down and impacts their life may be even worse to overcome and cope with. When your mental health is less than optimal and if you are struggling to manage the negative feelings and memories you have from your accident experience, you may be able to include this damage in your personal injury claim.

Filing an injury claim for compensation means evaluating all of the damages you suffered from your incident. This could include property damages, the cost of medical care and treatment, missed wages from the inability to return to work, and potentially emotional distress. Emotional distress, unlike medical bills, is non-economic damage. What this means is that it is one where compensation can be paid to victims for losses that were non-monetary. Whereas you can show a medical bill and the exact cost of treatment, you cannot show the same form of tangible evidence of the mental anguish you feel.

Proving Emotional Distress in Pennsylvania

How Can You Prove Emotional Distress in an Injury ClaimAfter your injury accident, you may have suffered some amount of physical bodily harm. But, you may also have been the victim of great emotional trauma too. As a result, you could be struggling just to get out of bed every day and live your normal life, do activities, or even interact with close friends and beloved family members. It is critical in these matters, to speak with a trained legal professional that understands what is necessary to prove emotional distress and how to calculate a fair value for the magnitude of one’s emotional pain. The Pennsylvania personal injury attorneys at Edelstein Martin & Nelson can help you show how badly your life has been affected by your emotional distress.It can be more difficult to show that emotional distress exists because you can’t necessarily see it. Though you can write about what you are going through and the difficulties you are having since your accident experience. Journaling is a good way to help one detail a clear picture of what emotional distress they are experiencing each day. Further, if you have loved ones that have noticed a change in your behavior and your personality, what they have to say could also be important to establish how much emotional distress you are dealing with.

Speak with a Pennsylvania Personal Injury Attorney Today

The skilled legal team at Edelstein Martin & Nelson understands what to look for when it comes to calculating and proving emotional distress in a claim. To be successful, emotional distress must be associated with physical symptoms like headaches and depression, for example. To learn more about how to secure maximum recovery from your Pennsylvania personal injury claim, please call Edelstein Martin & Nelson at (215) 731-9900 to schedule a free consultation. 

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