Legal Experts Explain How Emotional Distress Can Amount To Personal Injury

Unlike physical wounds, emotional ‘wounds’ are clearly invisible which makes it very difficult to prove in a court where objectivity is a must.

Compared to physical injuries as a result of an accident, which you can use for a personal injury claim, proving that your emotional distress is the direct result of an incident is particularly challenging. This is because day in and day out our existence is characterized by stressful situations such as requirements from work, rearing children, and even managing a rocky relationship. The question most courts will have to ask is how they can be sure that the emotional turmoil you are now experiencing is the direct result of the incident you are claiming for personal injury.

While it is not unusual to find some strands of hair or even insect in your food, it is often not enough that you become an emotional wreck – you cannot work anymore, you have issues with your social relationships, or you are going to seek psychological rehabilitation. Unlike physical wounds, emotional ‘wounds’ are clearly invisible which makes it very difficult to prove in a court where objectivity is a must.

And when objectivity is a fundamental requirement, it is imperative that you be able to prove the existence of physical symptoms as a manifestation of your emotional turmoil. Additionally, and more importantly, this emotional turmoil must be tied closely to a particular incident, which any other person will react in the same way. For example, if you were with your partner walking down the street and your partner got shot and bled to death, you can file for a separate personal injury claim. This is in addition to the criminal charge to be leveled against the perpetrator. However, physical symptoms of an emotional trauma must be evident and properly documented for this personal injury claim to hold water in court.

If you are going to show grief and anger as the symptoms of your emotional turmoil, there is no way the court will consider your claim. It is natural to grieve when we lose something and it is also perfectly natural to be angry at something or someone. These are all natural emotional reactions to events that can occur anytime. As such, you need to prove that your emotional distress is significant enough that you are not able to function normally. Even then, the courts will still have to weigh in.

Citing emotional distress for a personal injury claim is often challenging, to say the least. However, if you do have physical symptoms that are backed by an expert medical testimony, you might have a slim chance of winning your claim.

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