As difficult as it is to prove, it certainly is possible. The level of emotional distress is measured by these factors:
The more intense you experience emotional distress, the better chance you have of proving it. The intensity is typically better proven when accompanied with physical injury.
This refers to the pain that remains with you for long periods of time. People that have been officially diagnosed with Post Traumatic Stress Disorder will have better chances of proving emotional distress.
If or how it relates to bodily harm
If your emotional distress caused bodily harm: ulcers, migraines, high blood pressure, or other physical signs of distress that are diagnosed by a doctor.
The cause of the emotional distress is a big part of proving the chances of someone actually suffering from it. For example, someone who survived an explosion at a workplace and was traumatized to return back to a regular workplace atmosphere again is more likely to prove emotional distress than someone who got no-life threatening injuries from a car accident.
A Doctor’s Note
In most cases, a doctor’s diagnoses and report of your injuries is needed to prove emotional distress.
Are you experiencing emotional distress as a result of a personal injury? No matter what the situation is, get in contact with an experienced lawyer at Zayouna Law even before contacting the other party and as soon after the incident as possible. You may not always need a lawyer, but when it comes to personal injury, getting legal advice certainly doesn’t hurt.