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Can You Recover Compensation for Emotional Distress?

Can You Recover Compensation for Emotional Distress?

Receiving Compensation for Emotional Distress

Being involved in an accident due to another party’s negligence is a stressful experience in itself — especially if you’ve sustained a serious injury. Not only can the accident cause you to endure physical pain from your injury, but it can also bring about emotional distress. If you are suffering from emotional distress from an accident, you may be entitled to recover compensation under the umbrella of pain and suffering.

What is Emotional Distress?

When it comes to personal injury, pain and suffering can be defined as the physical and emotional distress that you have experienced from an accident. Emotional distress, also known as mental anguish, happens when the actions of another party cause you to suffer mental harm and can include but are not limited to the following:

  • Mental anguish
  • Humiliation
  • Torment
  • Anxiety
  • Insomnia
  • Depression

Proving Emotional Distress From an Accident

Proving emotional distress can be a difficult feat, so it’s essential to gather as much documentation and evidence that supports your claim of emotional distress. Documentation of your condition may include such things as medical records, notes/correspondence from doctors, and photos.

Emotional distress cannot be validated by diagnostic testing such as x-rays or physical scars, so it’s crucial to be able to show the following:

  • Intensity - The greater the intensity of mental anguish, the greater the chance of proving emotional distress.
  • Duration - This refers to how long you’ve been experiencing persistent and recurring pain. For example, if you are experiencing post-traumatic stress, this could be a factor in proving severe emotional distress.
  • The relation to bodily harm - If you have evidence that shows such bodily injuries like ulcers, headaches, or other physical signs, this could point back to emotional distress.
  • Underlying causes - More severe underlying causes can be stronger in presenting emotional distress. For example, being involved in a car accident may not support a claim as heavily as surviving a mass shooting.
  • Doctor’s notes - having your doctor’s notes and supportive opinions is paramount to a successful claim.

Keeping a daily diary of how you are feeling and details of how your emotional distress is impacting your life can be helpful to your claim. In some cases, a journal could be used as evidence to support your claim.

Contact a Clearwater Personal Injury Lawyer

If you or a loved one was involved in an accident and is suffering from mental anguish, our Clearwater personal injury attorneys can help. We have assisted countless clients across Florida receive the compensation they deserve for their pain and suffering, including mental anguish — and we’re here to help you too.

Contact Roman & Gaynor today at (727) 877-1212 to schedule a free consultation with our team.

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