How Do You Prove Emotional Distress?
Many people don’t realize that the law allows compensation for those who have endured emotional distress as a result of someone else’s fault. Emotional distress is something that people commonly underestimate because it is not as visible as other forms of distress. Nevertheless, your emotional pain is worth something, and if you have unfairly endured that emotional pain, you deserve to have a legal team that is compassionate and fights for your best interests.
What is Emotional Distress?
When someone acts in a neglectful, reckless, or intentional way towards another person, they may cause emotional distress. Emotional distress can be caused when someone intentionally is hurtful to another person or when they are neglectful. These types of lawsuits can occur with separate criminal charges, such as in cases of abuse. Emotional distress occurs when someone has mental anguish or suffering that usually occurs alongside physical injuries.
The Severity Matters
Generally, your emotional distress must prevent you from doing things that you normally do or being able to keep up with your responsibilities. The more severe the emotional distress and causal factors of that distress, the more compensation you are likely to get. Having a little anxiety is not enough to warrant starting a case, and you will need documentation to show the extent of your issues.
Ways to Prove Emotional Distress
There are certain pieces of evidence that you’ll want to show to prove that you have emotional distress. Your lawyer will try to piece together these components to build an emotional distress case for you.
Physical Injuries: Often, you’ll want to show that you have physical injuries that go along with your emotional ones. Some physical injuries, like cognitive impairment, are physical issues that can be related to emotional distress.
Time: Experiencing your injuries for a long time and showing the prolonged nature of your emotional distress can show the high impact of the incident on your well-being and strengthen your case.
Medical Documentation: You should try to get medical reports from doctors and mental health professionals to highlight the damage that has been done by the incident.
The Intensity of Suffering: Lawyers will also help you show how intense your suffering has been.
The Seriousness of Initial Stressor: Showing how severe the initial incident was, you can get more compensation and highlight the terrible factors that led to you being hurt.
Testimonies: You can use testimonies to show how you have been impacted by whatever happened and how you suffer from your emotional distress. This testimony can come from loved ones, coworkers, or doctors, to name a few.
Show the Defendant’s Role: We don’t just have to show how your injuries have impacted you. We also have to show that the defendant was responsible or partially responsible for what happened through intention or negligence.
How Much Can You Get For an Emotional Distress Lawsuit?
It’s hard to say the types of damages that you will get in an emotional distress lawsuit because the number varies by each case. In Ohio, you can get up to $250,000 or up to three times your economic damages, depending on which is bigger. When there is just one plaintiff, this number is capped at $350,000 for all non-economic damages. The nature of your damages and the fault of
Is it Hard to Win an Emotional Distress Case?
Emotional distress, unfortunately, is often harder to prove than physical or financial damages because these damages are commonly more abstract. Nevertheless, a legal team at YD Legal can help you understand the options you have and the prognosis of your case. The emotional impacts that you have as a result of traumatic experiences caused by other people’s negligence can impact you majorly, and we want to help you get fair treatment for the damage that has been done to you. While it may be harder to quantify this type of damage, it is not impossible or hopeless to win this kind of case, especially when you have experienced legal help.
How a Lawyer Can Help Prove Emotional Distress
Lawyers can do a number of things to help you build your case. Emotional distress cases are a challenge, but Columbus personal injury lawyers understand how to help you value your damages and prove your emotional distress. We help you investigate what has happened to you and get as much documentation and evidence as you can to show how real your emotional damages are. We can work with both your emotional damages and the other relevant damages in your case. We can also help you make the best decisions based on the legal knowledge we have and the specifics of your case. We negotiate with other parties to get you the most compensation.
Seek a Personal Injury Lawyer
If you think that you have a personal injury case that has resulted in emotional damages, YD Legal can give you the support you need. You’re already dealing with enough distress, so we want to help you get the help you need with as little stress as possible. Getting your fair compensation shouldn’t cause you more pain! With a free consultation, we can evaluate your case and answer any questions you may have. We will also determine if we are a good fit for each other because being able to work collaboratively is a major part of our business model.