Emotional distress, also known as “mental anguish,” is a non-physical, psychological injury that may be asserted in lawsuits. If you have been hurt in an accident that was someone else’s fault – such as a car crash, a defective product, or a dog attack – you may be dealing with post-traumatic stress, anxiety, and other emotional trauma, in addition to your physical injuries.
While your pain and suffering may be difficult to measure and calculate financially, it is an important part of the damages that could be available to you in a personal injury case. Because emotional distress is not easily quantifiable – it doesn’t come with a price tag or an invoice – it is classified as a non-economic type of damage.
How to Prove Emotional Distress in a Connecticut Personal Injury Case
If you are considering pursuing a claim for emotional distress, there are a number of ways you could prove your claim, such as:
- Medical documentation. While emotional distress does not necessarily have physical manifestations, it can have a major impact on your health and should, therefore, be evaluated by your physician. A note from your doctor or psychologist can support your claim.
- Severity. The more severe, or intense, emotional distress, the greater your chance of proving it is severe enough to deserve compensation. A physical injury related to the accident is often necessary in order to include a claim of emotional distress as part of your damages.
- Time period. Persistent pain and psychological problems that stay with you for a long time may help prove severe emotional distress.
- Underlying Cause. The more severe the cause of your mental anguish, the more likely a court will find that you have emotional distress. For instance, suffering severe injuries after slipping and falling two stories would be more likely to support a claim than being involved in a fender bender that resulted in no physical injuries.
Typically, you will need to use several of these methods to prove your emotional distress claim. With these lawsuits, the biggest challenge is often documenting what exactly happened and how it caused you emotional harm. Documenting emotional distress often requires testimony from a mental health professional who has treated you.
The defendant’s lawyers may argue that your emotional distress is exaggerated, or that the events did not occur as you described. An experienced emotional distress attorney will be able to counter these claims and build the strongest case possible for you.
Additional testimony from family members, friends, and co-workers who can describe the changes in your mood and behavior after the accident can also help your claim. These are known as “before and after” witnesses.
Examples of Emotional Distress after a Connecticut Personal Injury Accident
Emotional distress injury can lead to a wide range of psychological conditions. The following symptoms of mental anguish could be considered when evaluating non-economic damages:
- Panic attacks
- Adjustment disorders
- Suicidal thoughts
- Post-traumatic stress disorder (PTSD)
- Loss of self-confidence
- Difficulty concentrating
These symptoms can be debilitating. If you have been inflicted with emotional distress, it is critical that you seek treatment from a mental health professional as soon as possible. A diagnosis of a condition could serve as important evidence of mental anguish following an accident.
How Can Wocl Leydon Help Me with My Connecticut Personal Injury Claim?
If you have experienced emotional distress because of someone else’s intentional act or negligence, contact the experienced and compassionate Connecticut personal injury attorneys at Wocl Leydon today.
Our lawyers are ready to explain all your legal options when it comes to seeking damages and pursuing justice for what you’ve been through. Call us or fill out our online form to schedule a free and confidential consultation now.