When people think of personal injuries, they immediately refer to slips and falls or other types of accidents. However, very few know that “pain and suffering” don’t just involve the wounds visible to the naked eye. Besides physical injuries, one can also suffer from psychological trauma caused by the incident.
Mental trauma may often seem invisible, but it is just as real and damaging. While you can heal physical wounds in time with the proper medications and care, emotional distress can take much longer to heal and could even last for the rest of a person’s life.
What is Emotional Distress?
Emotional distress refers to the type of mental suffering caused by an incident, caused by either negligence or intent. In some cases, the victims sustain emotional distress due to the injury they inflicted, but they can also suffer from mental anguish if they were bystanders of an accident. For example, you may feel deeply disturbed after witnessing someone get injured or killed.
People who have been physically hurt in an accident may experience psychological injuries such as:
- Post-traumatic stress disorder (PTSD);
- Major depressive disorder (MDD); or
- Chronic pain syndrome (CPS).
Classified as forms of pain and suffering, the emotional distress caused by the incident or physical injury will have to be diagnosed by a psychologist who may need to give testimony to validate the victim’s condition and explain its impact.
Can I File a Civil Lawsuit for Emotional Distress?
Luckily, if you feel that you need to be compensated for the emotional distress you’ve suffered, you can sue for mental anguish. Since the courts allow emotional distress to be recovered through a civil lawsuit, you are free to sue if necessary. However, you’ll have to provide evidence to support your claims.
What Kind of Evidence Can I Present?
Emotional distress cases are much trickier than if you suffered physical injuries because, unlike a cast for a broken leg or a bandage for wounds, psychological damages are more challenging to prove. Evidence is crucial in determining whether or not you can sue.
If you plan to sue for mental anguish, make sure to have some of the following evidence to use in your claim:
Physical Injuries
Physical injuries caused by the incident are easy to identify. Various health conditions such as ulcers, cognitive impairment, and headaches can be considered as indicators of emotional distress.
Time
Time is an essential factor, as the longer you’ve been experiencing mental anguish, the more credible your case will be.
Medical Reports
A doctor’s or psychologist’s report will be a significant piece of evidence in demonstrating your emotional distress. Make sure that you seek medical attention immediately after the incident.
Testimonies
The courts will ask for testimonies of how your life has been affected by the incident. They may call for your psychologist, family, friends, and colleagues to testify on your behalf.
The Severity of the Incident
There will be a higher possibility of the court’s ruling for emotional distress if the initial incident is more extreme and disturbing.
Do I Have a Chance of Winning the Case?
It’s possible to sue for emotional distress, but winning the case is a whole other matter. Suing or emotional distress can be tricky since it’s not always visible to the average person. To increase the credibility of your case, you should document your trauma in great detail.
Besides documentation, you must ensure that your testimony and those of others are consistent. You should also be prepared for the amount of time needed for the legal investigative work to establish the connection between negligence or intent to the emotional distress you sustained.
Conclusion
As an emotional distress victim, you deserve just as much justice as someone with a broken bone or ankle. As long as you know what to do and have an accident lawyer in New York to guide you through the process, you will have a greater chance of being compensated by those who have wronged you.
Are you a victim of personal injury and want to seek compensation? Our accident lawyers at Ronemus & Vilensky can help you get the compensation and help you need and are entitled to. For over 25 years, our law firm has recovered millions of dollars for our clients through our vast knowledge, trial experience, and determination. Call us at 212-779-7070 for a free consultation.