You are currently viewing Emotional Distress Claim

Emotional Distress Claim

Personal Injury Lawyer

The term “pain and suffering” can cover a wide range of things, and many individuals may wish to be compensated for these in the event that they are the victims of a horrific act of pain or suffering. Occasionally, a person may be in a position where they may wish to pursue an emotional distress claim, and it is essential that you understand what an emotional distress claim is before making a claim, so that you are aware of your options prior to making a claim. When another individual or company causes you pain or any sort of suffering, this is known as emotional distress according to a personal injury lawyer with our friends at The Law Offices Of Andrew Lynch. Oftentimes, attorneys may seek compensation for damages for emotional distress on behalf of a victim who has suffered an injury in a personal injury case. The calculation of emotional distress is almost always added to a physical claim in order to determine if the injury contributed to the emotional distress; however, physical injuries are almost always necessary in order to establish emotional distress. Having a personal injury attorney guide you through the claim process is a wise idea because it is difficult to calculate how much an individual would be owed for emotional distress.

Loss of consortium is a factor that makes these cases more plausible in some courts, although they are also dismissed in many others. States have differing laws, and while physical harm is not always required, it can help in these situations. A person may seek compensation for emotional distress damages in several different ways, including:

Anxiety that occurs suddenly or increases

Sleep deprivation or insomnia

PTSD-induced fear

Depressive episodes

Being humiliated or uncomfortable in certain settings 

Injuries that are billed during medical treatment are used to calculate physical damages, as are photographs. Although some medical treatments are available for emotional distress, accurate records of the damage are usually difficult to keep. In order for this to be the case, it is important to take note of everything that occurs. You may wish to consult an expert if you are keeping a journal, or have been seeking therapy, or have kept a blog prior to or after the incident in question. You can build a good case against an insurance company or opposing counsel by taking advantage of all of these things.

In no way is dealing with emotional distress or discomfort a simple thing or something that can be done in no time at all. Even though these things are not as easy to prove as the previous ones, that does not make it easier for you. Speak with a skilled personal injury attorney in your area if you or someone you know is suffering from emotional distress due to the negligence of another person. The help of a skilled legal professional can also help put your mind at ease that your case will be represented to the fullest extent. A lawyer will fight for your rates and ensure you get the compensation you deserve, so contact an attorney near you today for help.