Mark Roman | April 17, 2020 | Personal Injury

Receiving Compensation for Emotional Distress

Being involved in an accident due to another party’s negligence is a stressful experience in itself — especially if you’ve sustained a serious injury. Not only can the accident cause you to endure physical pain from your injury, but it can also bring about emotional distress. If you are suffering from emotional distress from an accident, you may be entitled to recover compensation under the umbrella of pain and suffering.

What is Emotional Distress?

When it comes to personal injury, pain and suffering can be defined as the physical and emotional distress that you have experienced from an accident. Emotional distress, also known as mental anguish, happens when the actions of another party cause you to suffer mental harm and can include but are not limited to the following:

  • Mental anguish
  • Humiliation
  • Torment
  • Anxiety
  • Insomnia
  • Depression

Proving Emotional Distress From an Accident

Proving emotional distress can be a difficult feat, so it’s essential to gather as much documentation and evidence that supports your claim of emotional distress. Documentation of your condition may include such things as medical records, notes/correspondence from doctors, and photos.

Emotional distress cannot be validated by diagnostic testing such as x-rays or physical scars, so it’s crucial to be able to show the following:

  • Intensity – The greater the intensity of mental anguish, the greater the chance of proving emotional distress.
  • Duration – This refers to how long you’ve been experiencing persistent and recurring pain. For example, if you are experiencing post-traumatic stress, this could be a factor in proving severe emotional distress.
  • The relation to bodily harm – If you have evidence that shows such bodily injuries like ulcers, headaches, or other physical signs, this could point back to emotional distress.
  • Underlying causes – More severe underlying causes can be stronger in presenting emotional distress. For example, being involved in a car accident may not support a claim as heavily as surviving a mass shooting.
  • Doctor’s notes – having your doctor’s notes and supportive opinions is paramount to a successful claim.

Keeping a daily diary of how you are feeling and details of how your emotional distress is impacting your life can be helpful to your claim. In some cases, a journal could be used as evidence to support your claim.

Contact the Clearwater Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today

For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have five convenient locations in Florida: Clearwater, New Port Richey, and Tampa.

We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:

Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500

Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610

Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588

Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442