Personal Injury Lawyer
There are many things that may fall under the category of “pain and suffering”, and many of them individuals may like to be compensated for should someone be the cause of either. There are some instances where an individual may desire to pursue an emotional distress claim and it is important to understand what that is so that you are aware of your options before making ac claim. Emotional distress occurs when the act of another individual or a business causes grief upon you. In many personal injury cases, an attorney may add emotional distress to a claim for damages to be paid to a victim. Most tort cases require physical injury as well, in order for emotional anguish to be calculated as well, but emotional distress is almost always added to a physical claim. It is fairly difficult to calculate how much would be owed to an individual for emotional distress, so it is wise to hire a personal injury attorney to guide you through the claim process.
While these cases are also known to be dismissed in many courts, there is a matter of loss of consortium that may assist in making this case more plausible. Laws vary from state to state and while no physical harm is always required, physical harm does help in these cases. There are several different types of emotional distress damages that one may ask to be compensated for, such as:
- Sudden or increased anxiety
- Loss of sleep or insomnia
- Fear due to trauma
- Sudden depression
- Simply being humiliated or uncomfortable in certain settings now
Physical damages are usually calculated based on injuries that are billed during medical treatment, as well as photographs. While there is some medical treatment for emotional distress it is usually hard to keep an accurate record the damages. Therefore, it is important to keep note of everything. If you have a journal, or sought therapy, or any form of blogging kept prior to or after the incident in question. All these things will help build your case against an insurance company or opposing counsel.
Dealing with emotional distress or discomfort is no way an easy thing to do. These things being just as hard to prove make it no easier on you. Do not face this alone, should you or someone you know be a victim of emotional distress based on the negligence of someone else, speak with a skilled catastrophic personal injury attorney in Georgia.
Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and emotional distress.