Emotional distress is often a significant factor in various types of personal injury cases as a component of the recovery process. Suppose you have been injured at Walmart due to the retail giants’ negligence, you may be able to claim compensation for emotional distress, which is usually also referred to as ‘pain and suffering.’ However, more often than not, personal injury victims tend to stick to the more direct financial impacts such as medical bills, loss of income, and others related to the physical injuries sustained.
While your case’s specifics will determine the availability and amount of emotional distress damages that you can claim compensation for, it is vital to validate your unfortunate experience when claiming. Whether you will be filing a lawsuit or negotiating a claim with an insurer, opting for legal representation is critical.
Emotional Distress Damages Explained
Emotional distress damages compensate victims of personal injury for the psychological impacts of the injury on the victims’ daily lives. While the list of emotional distress impacts is quite varied and lengthy, fear, anxiety, and sleep loss fall under this umbrella category is a personal injury lawsuit. In many cases, depression and humiliation also fall in this category. Because emotional distress is a broad, subjective type of harm that is usually different from person to person, there is generally no hard definition. So, if you are experiencing psychological concerns after enduring a personal injury, you should note them as you might be able to negotiate compensation for your unfortunate experience.
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Documenting Psychological Harm
If you have sustained physical injuries that have spurred you to file a lawsuit against the responsible party or an insurer, you are likely receiving medical treatment. While treating your physical injuries, you should speak to your healthcare practitioner about the psychological symptoms you have experienced since the incident. Your doctor will refer you to an expert psychologist to further evaluate and treat your psychological symptoms. You will need to document your emotional symptoms as an essential component of your personal injury lawsuit.
In addition to medical treatment, you should also keep a journal of your symptoms as additional documentation that can strengthen your emotional distress damages claim. Your journal should detail how you are feeling and how the incident has caused emotional distress, explaining how your symptoms are hindering your ability to function daily. The more evidence you can compile for your lawsuit or insurer claim, the higher your chances are of receiving fair compensation.
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Legal Representation
As mentioned, you should rely on an expert personal injury lawyer to help you navigate the process of claiming emotional distress damages in a personal injury lawsuit. Because you can include your legal fees in your compensation claim, avoiding legal representation is never a plausible decision. Your lawyer will also ensure that you are treated fairly during the process and receive fair compensation as a result. It is best to work with your lawyer right from the beginning, as this will substantially benefit your case’s outcome.
