It’s normal to experience emotional distress following any type of accident. However, if it persists and starts affecting your relationships, career, and your overall wellbeing, then it could be a sign of an underlying issue.
Should you want to file a claim or lawsuit for emotional distress, you must have evidence to prove it. For instance, you can document the onset of your symptoms and their intensity and have a doctor’s note that backs up your claim.
A Brief Overview of How to Prove Emotional Distress
There are a few things you can do to support your claim for emotional distress, including:
Document the Onset of Your Emotional Distress
The insurer and the court will request that you demonstrate cause and effect to prove your emotional distress. Because signs of emotional distress may not show up until weeks or months after an accident, it could be difficult to show the connection.
However, you might have noticed changes in the way you work, interact with your colleagues and friends, or how you go about your routine. For example, you might have difficulty concentrating or feel detached from those close to you.
Write down any setbacks or tough times you’ve had in your relationships or at work since the accident.
Explain the Intensity and Duration of Your Symptoms
Are there certain times that you experience emotional distress? Any triggers? If so, make a note of what they are and how long your symptoms last.
Common symptoms of emotional distress include:
- Panic attacks
- Flashbacks of the traumatic event
- Severe anxiety
- Depressive episodes
These symptoms may be indications of post-traumatic stress disorder (PTSD), according to Mayo Clinic.
Get Medical Documentation
If you experience any of the symptoms listed or others, you may want to consider consulting a psychiatrist, psychologist, or another kind of mental health professional. Not only will seeing one help improve your condition, but it can also be an asset in proving that the accident caused emotional distress.
When you file your case, we can use their testimony, which may entail:
- Your diagnosis
- Your prognosis
- Duration of your symptoms
- Behavioral changes
- Referrals to other specialists
Receipts of anti-depressants or other medications, as well as your doctor’s appointment schedule, can also prove your emotional distress.
For a free legal consultation, call 877-239-4878
Other than Emotional Distress, You May Be Able to Include Other Damages in Your Claim
If you were hurt in an accident, you could have sustained other damages on top of emotional distress. You may be entitled to seek compensation for:
- Past and future medical expenses: For your medications, diagnostic tests, and doctor’s appointments
- Pain and suffering: For the physical pain you experience
- Property damage: For the repair or replacement costs of your vehicle if you were involved in a car accident
- Lost income: For the income you couldn’t earn in the days or weeks after the accident
- Lost future earning potential: For the income you won’t be able to earn in the long term
- Disfigurement: For the change in your movements or appearance.
Many of these losses can contribute to your emotional distress. A lawyer can evaluate these damages and quantify them accordingly.
How Long You Have to File a Lawsuit for Emotional Distress
You may have the option to file a personal injury lawsuit if you have been suffering from emotional distress after a negligent accident. However, Texas only gives you a certain amount of time to hold the liable party responsible.
Per Texas Civil Practice and Remedies Code § 16.003, most people filing a personal injury lawsuit have two years to take action. Failure to comply with the deadline may forfeit your right to collect damages, so make sure you act fast.
Contact our personal injury lawyers today
How a Personal Injury Attorney Can Fight for Your Damages
Your health – including your mental and emotional health – is the most important thing you have. When you’re struggling with it, your priority should be getting better, not working out a case for compensation.
You might want to hire a lawyer to take on those associated tasks for you. They may:
- Gather evidence
- Interview witnesses and your loved ones
- Consult your medical team
- Figure out who is liable
- Review and negotiate a settlement
- Deal with all case-related communication
- Help you file your paperwork in time
- Represent you in a trial if a settlement cannot be agreed upon
Many injury firms offer their services in exchange for a contingency fee, so there are no upfront payments involved. In addition, they’ll only take their payment if they secure a financial recovery for you.
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Loncar Lyon Jenkins Can Help You Prove Emotional Distress
If you were hurt in an accident and have since suffered emotional distress, call in the Strong Arm at Loncar Lyon Jenkins. We can help you prove how the accident has affected your wellbeing so that you can be justly compensated.
We offer free case reviews and work on contingency. Call us today at (877) 239-4878.