Emotional distress canimpact all aspects of your life — your career, your relationships, and even your financial future. While the far-reachingconsequences of emotional distress are clear, proving your injuries in a courtof law can be challenging. Unlike physical injuries that can be verified withx-rays, lab tests and outward symptoms, the symptoms of emotional distress areoften either hidden or exceptionally difficult to quantify.
If you are consideringfiling a claim for emotional distress, here are five things you’ll need todemonstrate to the courts:
1) Symptom onset andduration
To prove emotionaldistress as an injury, you need to be able to demonstrate cause and effect.This may mean documenting changes to your regular daily routines, submittingletters from friends, colleagues and your employer, and providing proof of anymedical treatment you’ve sought for your symptoms.
2) The intensity ofyour emotional distress
As with personalinjury claims, courts consider the intensity of your emotional anguish whenconsidering whether or not to award compensation. The more intense andprolonged your symptoms are, the more likely the courts will rule in yourfavor.
3) Associated physicalsymptoms
While it’s importantto focus on emotional injury when seeking damages for emotional distress, besure to also provide evidence of any related physical injuries and symptomsrelated to your emotional state. Tension headaches, insomnia, panic attacks,weight loss or gain, and gastro-intestinal issues are all physical conditionsthat can be caused by emotional distress.
4) The root cause ofyour emotional distress
Courts consider the severity of the accident, assault or other events when weighing the validity of a claim for emotional distress. Generally speaking, the more dramatic the triggering event, the more likely the courts are to grant damages to the plaintiff.
5) Validation frommedical professionals
Any claim of emotional distress must be supported by one or more medical professionals with the experience and qualifications needed to diagnose and treat psychological injuries and related conditions such as post-traumatic stress disorder.
Claimants need toprovide the court with clear medical documentation that verifies their symptoms,explains their diagnosis and prognosis, and tracks their treatments. Thisdocumentation should also include receipts for any medications, therapysessions and other expenses related to the claim.
If you think you’ve suffered from emotional distress, speak with an experiencedpersonalinjury mental health provider.
