The Intricacies of Proving Emotional Damage in Personal Injury Claims

The Intricacies of Proving Emotional Damage in Personal Injury Claims

Emotional distress and mental anguish are real injuries that are suffered by accident victims. However, unlike a broken bone, there is no hard proof of emotional distress. In comes cases, insurance adjusters view emotional anguish as a ploy to get compensation from insurance companies. In light of this, even the courts at times have a good portion of skepticism when dealing with such cases. Some of the emotional trauma that can be experienced is fear, anxiety, depression, insomnia and humiliation. There are people who are terrified to drive after being involved in a grisly accident. These emotional conditions are distressing and compensable in personal injury claims. Personal injury lawyers can help victims to get compensation for psychological injuries.

It is advisable for victims to seek legal help and a case evaluation to assess the merits of their case. A personal injury lawyer will advise you on the best course of action. There are certain strategies that can be used to claim for emotional distress damages.


Emotional distress levels differ from one case to another. The intensity of the mental trauma will weigh in heavily. The courts need a demonstration that the mental anguish was intense enough to warrant emotional distress damages. In most cases, proving such cases requires some form of bodily injury.


Given that there are no accurate parameters to measure emotional anguish, the courts will consider the duration of the emotional distress. You need to provide some proof of post-traumatic stress. The judge will consider how long the victim has been under distress and how this has affected his day to day operations. If you need to consult with a professional, Preszler Law may be able to provide you with additional information.
Other Physical Signs

To add the credibility of mental anguish, you may need to show related bodily harm. Proof of conditions such as headaches, ulcers and physical signs of anguish can be factored in. These require medical examinations.

Underlying Cause

The circumstances surrounding the case will merit whether emotional distress damages will be awarded. You stand a better chance of receiving compensation for psychological injuries if you survived a grisly accident. The courts might rule out your claim if the accident was just a rear-end collision that did not result in any physical injuries. It is best to take pictures immediately after the accident. Pictures can help bring the accident scene to life. This puts the judge in a better place to understand the impact of your emotional anguish.

Emotional Anguish and Damage caps

To reduce the number of insincere lawsuits on emotional distress, most states have a limit on how much compensation can be paid out for emotional distress, mental anguish, and other non-economic damages. These damages are often subject to state statutory caps. This is why you need legal expertise from personal injury lawyers.

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