In most cases, emotional distress is usually only compensable if the incident that has caused your distress also caused you physical harm. However there are some cases as with child or adult sexual abuse and certain types of discrimination cases where the emotional damage is so extreme, physical harm is not required. Emotional distress may present no outwardly visible injury, but the painful event(s) may follow those persons around for the entirety of their lives. There is also the emotional anguish experienced with the loss of a loved one due to someone else’s negligence which is called Wrongful Death. We’ve seen some terrible things happen to good people and we know how much their hurting even though we can’t see anything wrong on the outside.
To prove you’ve suffered a physical injury, you would get an x-ray or MRI. A doctor may write an evaluation after performing a physical exam or other testing. Emotional distress, however, is tricky to claim as an injury because the intensity, duration and diverse range of symptoms may be different from person to person. While suffering can be great, if not greater than that of physical injuries, the Plaintiff bears a difficult burden of proving the nature and extent of the psychological damage they’ve incurred.
It’s hard to see your case from every angle when you only have one pair of eyes. The best way to understand the grey areas of your emotional distress lawsuit is to talk to an attorney. A lawyer can help you clarify where the holes are in your case and work with you to develop your proof and argument.
There can be many factors that influence the outcome you could have in court. The intensity, persistence and duration of the emotional distress are significant. If there was any related bodily harm makes a difference. The magnitude of the event which allegedly caused the onset of the emotional distress should be considered. A well-defined report from a doctor outlining the diagnosis, prognosis and potential treatment of mental illness from which you are suffering will be important. As with any type of injury suffered because of someone else’s negligence, medical evidence will be essential.
Exercising your legal right to sue for emotional distress can never take away what you’ve gone through. The healing process from a traumatic event is often long and unpredictable. However, winning your case can afford you the appropriate treatment plan and help give you the support you need to start moving forward. Contact the experienced personal injury attorneys at the Rocky McElhaney Law Firm to tell us your story and help you move toward a brighter future. (615) 425-2500. We fight for you.