Proving Emotional Distress After a Personal Injury Accident in California
When we think of accident injuries, we are more likely to picture broken bones and lacerations rather than emotional injuries. However, emotional pain and stress can have a significant impact on recovering from an accident. In a study conducted by Jean-Philippe Gouin and Janice K. Kiecolt-Glaser, researchers at The Ohio State University found that psychological distress does impact the recovery of chronic wounds.
From car crashes to slip and fall accidents, there are many ways you can fall victim to severe injuries because of another person’s negligence. When you’re filing a personal injury claim to recover compensation for the losses you suffered from the accident, talk with your experienced personal attorney about including your emotional distress in the damages. Your mental well-being is just as important to your life as your physical health.
What Is Emotional Distress?
Emotional distress includes all the ways you suffer psychologically after an accident. There are many ways you suffer emotionally after an accident, especially if you sustain life-changing injuries. Emotional distress is a real damage that you can add to your personal injury claim, which specifies the emotional toll you’ve sustained after an accident. Some examples of emotional distress can include:
- Insomnia
- Loss of Concentration
- Stress
- Replaying the Events
- Depressive episodes
- Increase in Anxiety Levels
- Embarrassment
When a person has been severely injured, often their physical appearance changes due to disfigurement, weight gain, or the emotional toll the injury has taken on their life. If the injury impairs the person’s ability to function normally, he or she can become reclusive and depressed. It can be embarrassing to face the world when one’s appearance or ability to function suffers due to an injury.
With the help of a dependable personal injury attorney, you can recover compensation for the losses you suffered due to someone else’s reckless behavior. Your emotional distress can affect how you recover, the activities you previously enjoyed, and your relationships with others. Emotional distress is not something to take lightly after an accident.
3 Ways to Prove Emotional Distress after a Personal Injury Accident in California
Unlike physical injuries, showing your emotional distress can be complicated and require a significant amount of evidence to prove that the stress you experienced is related to and caused by the accident. A personal injury attorney can help determine what types and how much information and documentation you’ll need for the claim. However, there are three ways that you can help prove your emotional distress:
Get an Official Diagnosis
When you have a broken bone or a physical injury, you go to the doctor for treatment; the same goes for mental health and psychological distress. Having a medical professional certifies that you are struggling with emotional distress related to the accident. This is significant evidence showing your honest diagnosis.
Use Family and Friend Testimonials
The people that are closest to you can tell when something has changed. If your close friends or family feel comfortable testifying about your emotional state, that can inform the changes that you have gone through or are currently going through.
Supplement Your Claim with Injury Evidence
Evidence of the physical toll on your body and possessions can allow a judge to understand why your emotional well-being might be at risk. If you have gone through a horrible accident that left you with debilitating injuries, you can show medical documents that inform how much your life has changed due to the accident.
A vital factor to note when filing for emotional distress is that you cannot pursue compensation if you were not injured or there was “almost” an accident. For example, if a vehicle almost hits your car and you were not injured, there is no legal claim.
Contact Eric Ratinoff Law Corp. for an Experienced California Personal Injury Attorney
Attorney Eric J. Ratinoff has over 25 years of experience working and advocating for clients all across California. His motivation to help those in the community recover the compensation they deserve is a driving force in his client-oriented legal services. With accessible communication and honest advice, you can trust that he will do everything to help you recover the losses you incur due to another person’s negligence.
Eric Ratinoff Law Corp. has the resources and knowledge you need to feel confident in your personal injury claim. Our positive past results and testimonials will show that we are passionate about providing the representation you deserve. Call (916) 970-9100 or fill out our contact form to schedule a free consultation today.
