When it comes to personal injury cases, most of the damage is clear and visible. For example, broken bones and physical injuries caused by a car accident are widely apparent to a doctor and the court of law governing the case. However, there are some injuries in some situations that are not visible and therefore much harder to prove to a court, despite them being all too real to the person who is afflicted. Emotional distress in a personal injury case can be tricky to prove, but it can be done and is worthy of compensation as part of the case.
There is a spectrum that is agreed upon by the courts to help prove emotional distress in a personal injury case. The first part of this possible criteria is the intensity of the distress. Needless to say, the more severe the mental anguish, the more it can be proven. This can range from frequent panic attacks or major anxiety all the way to PTSD. Duration is also a relevant factor and begins from the start of the injury or traumatizing moment. If there is any bodily harm that also stems from the mental trauma, such as stomach ulcers, then it is also easier to prove. In every scenario, it is always a good idea to seek a note from a doctor or psychologist regarding the emotional distress. It is one thing to say that an anxiety disorder spawned from an injury, but to have it in writing from a medical or psychological professional is more appealing to the governing agency or a jury. If this is unattainable, then a person’s record of emotional problems, such as panic attacks, will suffice as well.
Emotional distress can be difficult to prove to a court without a doctor’s notice, but it is a real part of some personal injury cases and therefore should be part of the compensation dispensed. If you or someone you know has been afflicted in such a case and is being denied justice by the legal system, then the attorneys of the Franco Law Firm are here to help. To learn more about our services and to schedule a free consultation with us, please call (813) 872-0929