When you are injured by another, whether the injury is intentionally inflicted or negligently caused, you have some form of mental anguish, or rather, emotional distress. This emotional distress may come in the form of depression, insomnia, or for some, post-traumatic stress. Whichever the case may be, when you are injured physically you can be compensated for your injuries and the same applies if you have suffered emotional distress due to those physical injuries. Though it is easier to receive damages for physical injuries, it becomes more difficult when your injury is psychological. When you have emotional distress often times you may not be compensated fairly or at all for your distress. So, how can you prove emotional distress in such a way that can get you favorable outcomes? If you or a loved one have suffered emotional distress due to another’s actions, contact an experienced Albuquerque personal injury attorney to consult about your case.
How to Prove Emotional Distress
When you have suffered a harm such as emotional distress it can be very difficult to deal with. Emotional distress is not as easy to heal as a broken bone and often times is not taken as seriously in the court system because emotional distress cannot be seen. Emotional distress can come in two forms: it can be intentionally or negligently inflicted. Regardless of whether the other person’s conduct was intentional or negligent, when there has been an accident, especially a traumatic accident, such as death of a loved one or physical distortment, it can be emotionally stressful. Under most circumstances, emotional distress must have some form of physical injury associated with it to be successful on the claim. Though emotional distress is harder to prove than typical claims, the more extreme and outrageous another’s conduct is that causes you to become emotionally distressed, the better chance you have at being compensated for your injuries. If you are able to prove that because of the emotional distress you suffered some physical harm, such as ulcers, then you may be able to prove your case of emotional distress and be compensated for it. Lastly, to if you have expert testimony or letters from doctors who treated you pertaining to the emotional distress you suffered your case for emotional distress is easier to prove.
Need Legal Advice?
Proving emotional distress can be difficult; however, there are ways to alleviate your frustrations. With the right evidence you can be rightfully compensated for all of your injuries. If you or a loved one have received emotional distress from an injury caused by another, contact an experienced Albuquerque personal injury attorney at Khayoumi Law Firm to determine the best strategies for your case. Contact our office today for an initial consultation!