Personal injury attorneys play a pivotal role in helping victims of accidents, negligence, or intentional harm get the compensation they deserve. One aspect of this compensation often involves proving emotional distress damages. Emotional distress, also known as pain and suffering, refers to the psychological impact an accident or injury has on a victim. These impacts can range from anxiety and depression to post-traumatic stress disorder (PTSD). Proving emotional distress can be challenging due to its subjective nature; however, skilled personal injury attorneys use several strategies to do so.
Firstly, personal injury attorneys gather evidence that supports their client’s claim of emotional distress. This evidence may include medical records indicating treatment for mental health issues related to the incident or expert testimony from psychologists or psychiatrists who have evaluated the victim. In some cases, even family members’ testimonies about changes in behavior can help prove emotional distress.
Another strategy used by personal injury attorneys is demonstrating a clear cause-and-effect relationship between the incident and the victim’s emotional trauma. For instance, if someone was involved in a severe car accident and subsequently developed PTSD that interfered with their daily life activities such as working or maintaining relationships, an attorney could argue that this condition resulted directly from the accident.
Moreover, documenting daily life changes resulting from emotional distress is another effective way of proving it in court. Personal journals detailing sleep disturbances, mood swings, panic attacks – all these concrete examples serve as powerful proof of ongoing suffering beyond physical injuries.
In addition to these methods employed by personal injury lawyers to prove emotional distress damages are quantifying these non-economic damages into monetary terms for compensation purposes which is quite complex but not impossible task. They rely on ‘multipliers’ which are legal tools used for calculating general damages like pain and suffering based on specific factors including severity of injuries sustained and recovery time required.
Lastly but importantly is invoking empathy through storytelling which plays a significant role in convincing juries about plaintiff’s sufferings caused due to defendant’s negligence. The attorney will create a vivid picture of the victim’s life before and after the incident, highlighting how drastically it has changed due to emotional distress caused by the accident.
In conclusion, proving emotional distress damages is a challenging task that requires skill, expertise, and experience. Personal injury attorneys employ various strategies like gathering solid evidence, establishing a cause-effect relationship between the incident and emotional trauma, documenting changes in daily life activities due to emotional distress, quantifying non-economic damages into monetary terms for compensation purposes and invoking empathy through storytelling to successfully substantiate these claims. Their role is crucial in ensuring victims of personal injuries receive fair compensation for not just their physical injuries but also for their psychological pain and suffering.
Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699
