An accident can result in both physical and psychological injuries. If you or a loved one has experienced trauma and psychological distress after an accident, you are entitled to proper compensation. While the physical injury is easy to prove, the case for psychological damage can be more challenging. This article will talk about how to make claims based on psychological trauma in the State of New York.
Understanding the Damages Brought by Emotional Distress
The psychological damage from an injury can take many forms. Some are temporary; others are life-changing wounds with long paths to recovery, requiring specialized treatment and medication. This distress usually comes from the other party’s negligence.
The effects will vary, depending on the person. It can start from sleep loss and anxiety, leading to intense depression, humiliation, and fear. Regardless of whatever psychological issues you have, these are all compensable.
Filing for Emotional Distress Claims in New York
In New York, emotional distress is considered a tort. In simple terms, the plaintiff needs to prove that a third party intentionally caused all the emotional harm they are experiencing.
Here are some elements that help make an emotional distress claim a success:
1. Proof That the Victim Is Suffering Emotional Harm
There is no precise definition for emotional distress. It is a subjective topic, and people experience things differently. You need to have documents to prove that you are suffering from extreme emotional distress to file a claim. Medical statements from mental health professionals and specialists are some good examples of proof.
2. Proof That the Other Party’s Harm Was Intentional
This element is one of the hardest to determine, but you will have a better chance of getting proper compensation once confirmed. The plaintiff should be able to prove that the person who caused an injury or emotional harm had violent and offensive conduct. The plaintiff should also establish that the other party had an intention of causing severe emotional distress and a causal connection between the behavior exhibited and the injury received.
Identifying the Compensation You Deserve
Unlike other lawsuits for compensation, determining the value of your emotional distress claim will require an in-depth assessment. Your lawyer will need to take into consideration various factors, such as:
- The nature and extent of the condition
- The way it affected the victim’s life
- Related bodily harm
- The expenses
- Doctor’s note on your psychological symptoms
If you want to make sure you get the proper compensation, document your distress, and gather evidence that will showcase the factors listed above. With more proof, you can file a stronger case. Keeping a personal journal is a piece of evidence that you can use in court.
Conclusion
Everyone is prone to experiencing a certain degree of emotional distress after experiencing an injury, but it can affect your life in many ways if the case is severe. Filing for a lawsuit and getting the compensation you deserve for your emotional harm can help you recover from all your financial losses. Make sure that you seek help from a firm that can guide you along the way.
Need an accident lawyer to assist you with your emotional distress claim? Ronemus & Vilensky, LLC is New York’s number one accident and malpractice firm. For years, we have helped victims of injury, civil rights violations, and medical malpractice violations get the compensation they are entitled to. Contact us today at 212-779-7070.