Unfortunately, not all injures surface in the form of a scar, wound or other visible sign of trauma. Equally painful injuries can come along in the form of emotional distress. For victims of distress that was caused by the intentional or negligent actions of another, the battle for justice can be challenging since the injuries aren't physical. However, this doesn't mean justice is not due. If you have suffered in this way, you can get the justice you deserve.
Is It Really Distress?
Your first obstacle is going to be defining what is going on with you from a legal standpoint. Although the lines sometimes get blurred, emotional distress, or mental anguish, is a lot different from hurt feelings or even being embarrassed. Hurt feelings are often temporary and have a minimal effect on your overall life.
Emotional distress is long-lasting and completely shifts your ability to function normally. People who suffer from distress may experience depression, severe feelings of guilt, anxiety, insomnia or a loss of consortium. Before thinking about moving forward with your claim before a court of law, make sure it's actually distress.
Proving Distress
Even if you're experiencing signs of emotional distress, your word isn't going to be enough to convince a judge or jury that you deserve compensation. Your claims must be evidence-backed for the greatest chance of a victory. Forms of credible evidence include a mental health evaluation and a prescription history.
The mental health evaluation should be performed by a licensed professional who can attest to your current emotional and mental condition and be able to make a connection between what happened to you and your current state. In terms of prescriptions, a list of any doctor-prescribed medications you are taking to deal with your distress is helpful.
Potential Hurdles
There are a number of hurdles you can face when pursuing an emotional distress claim. One of the greatest hurdles is your mental health history. The insurance company will likely have a team of attorneys who will comb through your medical history to see if there were any indications that you dealt with a mental health concern previously.
If you have, trying to separate your current claim from the past incident will be a challenge. Additionally, if you played even a minor role in the incident that caused you distress, this can also serve as a roadblock.
Fighting for a claim of emotional distress can be a challenge, but it's a challenge a personal injury attorney can help you tackle head-on.
