When you file a lawsuit claiming emotional distress, it’s seen as an uphill battle. Unlike physical injuries such as broken bones or cuts and bruises, emotional and psychological injuries are considered much harder to prove. However, that does not mean you have no chance of winning your case. On the contrary, by working with your attorney and knowing specific issues the court will be looking at, you may be able to have success proving the emotional distress you have experienced is real and deserving of damages being awarded.
Note from a doctor or psychologist
The duration of pain or post-traumatic stress disorder
This can also show the emotional distress you suffer from is worthy of having damages awarded to you. Chronic pain resulting from various injuries, multiple surgeries or long-term physical or occupational therapy can also help to show emotional distress is a daily part of your life.
Physical conditions attributed to the disease
Physical conditions that can be directly attributed to stress, such as ulcers, headaches and gastrointestinal problems can also be used to prove emotional distress exists and is having a negative impact on your day-to-day living. When there are serious questions as to whether you suffer from emotional distress, having these types of physical conditions you can point to can have a significant impact on a court’s ruling.
Having an underlying cause that contributes to your emotional distress can also lead to positive results with your case. For example, surviving a traumatic event such as a bombing or hostage situation can sometimes make a court more likely to support your claim of emotional distress.
The intensity of mental anguish
Finally, the intensity of your mental anguish can result in compensation being paid to you for your suffering. However, if you are claiming negligence on the part of the defendant, you will often have to exhibit physical injuries as well before a court may rule in your favor.
While these five ways to prove emotional distress have resulted in favorable rulings for plaintiffs, each case is unique and it’s always hard to judge how courts will rule. By working with an attorney and presenting the facts in a clear fashion, your chances of success will greatly improve.