Personal Injury Attorneys and Emotional Distress Claims: What You Should Know

Personal Injury Attorneys and Emotional Distress Claims: What You Should Know post thumbnail image

Personal injury attorneys specialize in civil law cases involving physical or psychological harm caused by the negligence or carelessness of another party. These legal professionals are often associated with car accidents, slip and fall incidents, medical malpractice suits, and workplace injuries. However, they also handle more complex claims involving emotional distress.

Emotional distress refers to a state of mental suffering that can result from an incident causing fear, anxiety, depression or humiliation. This type of claim is typically harder to prove because it lacks physical evidence like cuts, bruises or broken bones. However, personal injury attorneys are adept at gathering the necessary proof to support these claims.

When filing an emotional distress claim as part of a personal injury lawsuit, you must demonstrate that your emotional pain is directly related to the defendant’s negligent actions. This might involve showing that you have undergone therapy sessions or taken prescription medications due to the resulting trauma. The severity and duration of your symptoms will also be considered when determining compensation amounts.

In some instances where severe intentional infliction has occurred – such as in cases of assault – you may not need to provide evidence of physical harm for an emotional distress claim to be valid. However, these situations are rare and usually require clear proof that the defendant’s conduct was outrageous and extreme.

The role of a personal injury attorney becomes crucial here as they can guide through this complex process by helping gather relevant documentation such as medical records and therapist notes which could serve as evidence for your suffering. They can also enlist expert witnesses like psychologists who can testify about your condition before the court.

Moreover, their expertise allows them to calculate fair compensation for non-economic damages such as pain and suffering which is hard for laypeople since there’s no direct cost associated with it unlike economic damages like medical bills or lost wages.

It’s important to remember though that every case is unique; what worked for one plaintiff might not necessarily work for another even if their circumstances seem similar on surface level due to the subjective nature of emotional distress claims. Hence, having an experienced personal injury attorney by your side who can tailor a strategy based on your specific situation is invaluable.

In conclusion, while personal injury and emotional distress claims can be intricate and challenging to navigate, they are not impossible to win with the right legal counsel. A skilled personal injury attorney can help you understand your rights, gather necessary evidence, and advocate for fair compensation for both your physical injuries and emotional suffering caused by another’s negligence or intentional harm.

Munley Law Personal Injury Attorneys
609 Hamilton St, Allentown, PA 18101
16108577424

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