Discover the Key to Proving Emotional Pain & Suffering

After a personal injury, you could have serious physical injuries, post-traumatic stress disorder, and tremendous mental anguish. You could be entitled to compensation for your economic damages, such as medical costs and lost earnings. But how do you prove emotional pain and suffering?

In this article, we will explain the evidence that may be used to prove severe emotional distress. If you have questions about a personal injury case, the experienced attorneys at Meyers Injury Law are here to assist you. Call (615) 422-4786 to set up a free consultation.

Why Is Emotional Pain and Suffering Important In Personal Injury Cases?

After a severe personal injury in a car, truck, slip and fall, or other kind of accident, your physical injuries may be apparent. You could have a broken arm, shattered hip, or spine injury. But unlike physical injuries, emotional suffering isn’t usually apparent on the surface.

Emotional distress is a frequent part of many accidents and injury claims. In emotional distress claims, you could have mental health issues stemming from the accident. You may have trouble sleeping, concentrating, working, and just enjoying life.

You may have suffered emotional distress after an accident if these statements are true:

• You have ongoing mood challenges 
• You suffer recurring, intrusive memories of the event
• You are having difficulty sleeping and managing your anxiety

For example, if you notice in the days after an accident that you cannot sleep and are having panic attacks when you are in a car, this could be a sign of post-traumatic stress disorder. You could be entitled to compensation.

How to Prove an Emotional Distress Claim

Proving emotional distress involves showing the following to the insurance company or jury:

• You have recurring emotional issues that disrupt your life
• How long you have suffered the problem and that it will continue
• You have related physical injuries that are causing mental anguish
• You have statements from your doctors or mental health professionals about your psychological symptoms

When you have mental pain and suffering, it helps to have an experienced Nashville personal injury lawyer at your side. You are already confronted with severe physical injuries and mental health concerns. The last thing you need to worry about is proving your condition.

You should keep a daily journal in writing or video where you record your pain and feelings after the accident. If you have physical pain and mental health problems related to the accident, you should detail them in your journal. This is significant evidence that, in addition to your doctor’s testimony, could be essential to obtaining mental anguish compensation in a lawsuit.

Common Types of Emotional Pain and Suffering

If you have mental anguish and pain after an accident caused by someone else, you could have the following issues:

• Inability to sleep or waking up constantly
• Regular nightmares about the accident
• Depression
• Anxiety
• Post-traumatic stress disorder
• Constant fright or fear

Challenges In Proving Mental Suffering In Personal Injury Claims

Many injured parties endure mental suffering after an accident. However, mental suffering is not nearly as easy to see as physical injuries. The insurance company or jury cannot see mental anguish like an x-ray of a broken femur. However, you still deserve compensation for emotional harm.

A potential challenge in some personal injury claims is if there is mental anguish without a physical injury. If you don’t have a clear injury to your body and claim mental suffering, it could be more challenging to prove emotional distress. When a plaintiff has delayed onset of emotional distress, it can be even harder to prove that the accident caused the emotional trauma. Another potential obstacle is if you had a pre-existing mental health issue, such as depression, before the accident.

Your personal injury attorney will work hard for you to collect the evidence needed to prove mental and emotional distress. The evidence they may collect includes witness statements, medical records, and mental health professionals’ statements.

Contact Our Nashville Personal Injury Attorneys Today

A severe personal injury in a car accident or other accident can turn your life upside down. If another party’s negligence hurts you, you should not have to pay for your damages out of pocket.

Our five-star-rated personal injury lawyers at Meyers Injury Law know how to fight for maximum compensation in settlement negotiations or at trial in an emotional distress lawsuit. We could help you receive fair compensation for emotional distress and physical pain. Call (615) 422-4786 today for a complimentary consultation or contact us on our website. Your emotional distress case could lead to compensation, so reach out to an experienced personal injury attorney.