The term pain and emotional distress is a major component in a personal injury case. When it comes to pain it is generally associated with the emotional baggage but do you know if you are suffering from and emotional distress due to your injury, you are eligible to recover the compensation as a part of your overall pain and damages. Well, you need to get your facts clear before filing an emotional distress lawsuit through personal injury attorney Houston or car accident lawyers Houston such as it may vary from case to case and it is considered only in severe injury cases.
What is “Pain and emotional distress”?
The pain could be classified into two types physical pain and suffering and emotional distress and suffering. As you might be clear with physical pain and injury. But pain and emotional damages take place when someone harms you mentally. Mental pain and emotional distress include stuff like mental anguish, loss of enjoyment of life, depression, mental illness, humiliation, anxiety, trauma, shock, insomnia, and more. Invisible pain such as headache or any inner injury isn’t considered as emotional distress.
Specification to claim emotional distress:
For legitimate claim, you need to show
The distress is not temporary
Distress is due to the defendant’s conduct.
The distress is medically proven.
Various other ways to bring emotional distress into the spotlight.
Deliberate castigation of emotional distress- This falls under TORT according to which the person intentionally causes distress through the format in which no person should do.
Negligent castigation of emotional distress- This is considered when you are suffering due to someone else’s negligence.
Loss of consortium-This happens due to negligence of parents or marital life made you suffer intentionally.
Example of pain and emotional distress
Let’s understand through the example of a car accident victim suffering through emotional distress. The victim met with an accident and had major injuries and that may lead to lifetime disability and due to which the victim is suffering from depression, anxiety, anger many drained emotions. This led him to the treatment through a therapist and all these problems caused due to the accident. And emotional suffering is no less than physical pain and can harm the victim to the core, in fact, he might face many obstacles to recover and get back to normal life.
Need to prove your emotional suffering in case of a car accident:
The severity of your emotional suffering
A span of your misery
Body harm must be correlated
The underlying cause of your pain
A doctor’s treatment with all the notes is a must on physiological terms.
You need to gather all your documents before filing the claim that can work as evidence on your behalf.
Factors affecting your pain and suffering component of a personal injury case:
The approach of the litigant
The consistent testimony of the pain due to the injury
Whether the litigant exaggerating the claim
The approach of the jury, they might consider some of the evidence false and some of the statements as a lie.
The case may turn out to be different if you hold any criminal record.
Well, suffering from physical as well as mental pain is unbearable and it becomes more difficult when you face a hard time proving your pain and emotional distress along with your sufferings. Well, do not worry if you are suffering from distress due to car accident personal injury attorney Houston or car accident attorney Houston may help you out to work on evidence and witness to get out of this mess as soon as possible. I wish you all the luck that prevails!