Emotional distress is a very difficult injury to prove. Unlike broken bones, there are no x-rays or scars to show. Rather, emotional distress is mostly psychological. And, while a person’s suffering can be just as severe, if not worse, than with a physical injury, a victim may find it difficult to prove that they’re eligible for damages. For those considering hiring a personal injury attorney in Bremerton, below are a few ways to win a claim for emotional distress.
Document Intensity
The more severe a person’s mental anguish, the greater their chances of proving that the distress was enough to warrant compensation. In some instances, especially those involving the negligent infliction of emotional distress, the courts typically require the presence of physical injuries as well.
Prove Duration
If a person has recurring pain that remains for an extended period, such as PTSD (post-traumatic stress disorder), it may help them prove the severity of emotional distress.
Show Bodily Harm
While it’s often difficult to display evidence of emotional distress, a victim may easily provide proof of associated bodily injuries such as headaches, ulcers, and other physical manifestations.
Demonstrate an Underlying Cause
The more severe the cause of a person’s emotional distress, the more likely the court will find in their favor. For instance, surviving a terrorist attack may be more supportive of a claim than being the victim of a simple auto accident.
Provide a Doctor’s Note
A note from a psychologist or a doctor is valuable supporting evidence. In most cases, a victim will have to use several of the above methods to prove a claim. For instance, one may have to demonstrate the duration and intensity of their distress and provide medical proof for physical injuries.
Call Today
As shown, emotional distress claims are enormously difficult to prove. However, with help from a personal injury attorney in Bremerton, it becomes easier. Those making claims for negligent or intentional infliction of emotional distress should always work with experienced personal injury attorneys. The proof is hard to find in such claims, and an injury lawyer can provide guidance and advocacy throughout the process. Contact us by phone or visit the firm online to schedule a consultation.
