How to Prove Emotional Distress

The injuries one sustains in an accident may not only be physical. Accident victims can also suffer emotional, mental, and psychological harms from traumatic experiences. The courts recognize these as non-economic or general damages, and they allow injured parties (plaintiffs) to financially recover for them. Like showing proof of physical injuries, plaintiffs also bear the burden of proving their emotional distress after an accident. The jury will listen to the plaintiff’s argument and decide on the award. Proving emotional distress takes a few specific actions.

Evaluations and notes from psychologists or doctors are some of the best evidence of emotional distress. A professional diagnosis of emotional distress or a condition such as post-traumatic stress disorder (PTSD) can serve as proof that the incident in question affected the plaintiff badly enough to inflict serious and/or long-lasting emotional harm. Calling an expert witness to the stand to testify about the plaintiff’s mental state can also help a case for emotional distress. There are certain symptoms a doctor may use to diagnose emotional distress, including:

A professional may write a note or testify in front of a jury about the plaintiff exhibiting these or other symptoms that point to emotional distress. It is the injured party’s responsibility to then prove the event in question was the proximate cause of the distress. The event could be a personal injury the plaintiff suffered or something traumatic the plaintiff witnessed, such as the death of a loved one or a tragic event.

It is important to have evidence that shows the intensity and duration of your emotional distress. This is what will prove the harm is severe enough to deserve financial compensation. The intensity of your mental anguish may come down to the seriousness of your injuries or the amount of trauma an experience inflicted upon you. There are several ways to show the intensity of emotional damage, including testimony from psychologists and comparing your case with others who went through similar experiences.

The duration of emotional distress can decide how great an award the jury believes you deserve. If a plaintiff only suffered emotional distress the day after the incident, the jury may not think it is enough to deserve a substantial award. If, however, the plaintiff suffers consistent, chronic, or recurring pain for a long period of time, it can prove emotional distress. Post-traumatic stress disorder is a common example of emotional distress that lasts for a long time after the incident.

Having a related bodily harm can help prove the existence of emotional distress, but it is not always necessary. Depending on state laws, one can go to court in pursuit of compensation for emotional distress without a bodily injury. However, existence of a catastrophic injury such as paralysis or an amputated limb can serve as evidence that the victim now lives with some level of emotional distress. For emotional distress cases, work with an attorney in Houston. It can be difficult to prove this harm, but a lawyer can help.

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