Most emotional distress claims are components of physical personal injury claims. For example, somebody who has been paralysed in a car crash may now be suffering from deep depression and would also make an emotional distress claim. Or, somebody who suffered an injury in the workplace may now be suffering from severe anxiety and would make a claim for emotional distress, in addition to their physical injuries.
However, this is not always the case. Some emotional distress claims are standalone, and it is these types of claim that are the most challenging to process. The reason being that because there’s no physical injuries reported, there’s also often a lack of hard evidence to support them. The good news is that if you are suffering stress and discomfort not brought on by physical injuries, you can still make a claim for financial compensation.
The Secrets to Success
The main secret to a successful emotional distress claim, if you can really call it a secret, is evidence. If there are no physical injuries, then emotional distress will have to be established through an interview and through a medical examination. The claimant’s emotional distress also has to be linked to somebody. This is achieved through evidence collection. Evidence can include recorded written or verbal communication, video footage or witness statements. A strong claim will have several types of evidence.
If there are physical injuries, then first and foremost it must be proven that the other side is liable for those physical injuries. Emotional distress can effectively be tacked onto a physical injury claim, providing that it is there and it can be proven through a medical examination.
Honesty and Transparency
It is absolutely crucial when you make claim that there is honesty throughout. The extent of one’s emotional distress must not be exaggerated. In medical terms, your emotional distress must also be proportionate to any physical injuries you have sustained. However, people react to physical injuries in different ways, so you should never feel as though you are being too forward with your claims. Simply be truthful, and your accident lawyer will do the rest.
Emergency Service Reports
This secret deserves a section of its own, even if it falls into ‘evidence’. Emergency service reports are a vital piece of evidence when making a claim. These can include both police and hospital reports. In the case of physical or emotional abuse, police reports may come into play, if the abuse has been reported. If you have ever had to go to hospital for treatment or you have visited your GP to report your emotional distress, then your medical records will be used to substantiate your claim and prove that your stress is real.