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Emotional Distress in Personal Injury: How to File a Claim Pt 1July 8, 2019 0 Comment Category: Personal Injury
There are two sides of any personal injury – physical and psychological. For some reason, only physical one becomes the topic to discuss and a reason to file a lawsuit. However, emotional distress is as important as a bodily injury, so it should be known and discussed equally too.
Most of the insurance companies are well aware of the existence of such kind of damage though not everyone prefers to work with it. As a responsible citizen, you must know your rights and be able to file for emotional distress after a personal injury as well. Below is a quick look at how to go about it.
The Difference between Physical Injury and Emotional Distress
Personal injury case, filed and pursued by a victim of injury to an insurance company, usually includes physical damages only, such as bone fracture, bruises, concussion, etc. Every victim though would experience some emotional problems too, such as fear, depression, loss of appetite, weight loss/gain, etc. These are defined as emotional distress damages.
Of course, it varies from person to person and it is very subjective. Some people do not experience any of the listed symptoms, while some can have severe panic attacks, anxiety issues, and poor sleep problems. No matter what the extent of the symptoms is, it is necessary to seek medical assistance for such psychological issues. That, in turn, adds to the overall expenses the victim has to bear after the accident.
How to File a Lawsuit for Emotional Distress
The first step is to analyze the problem. Everyone experiences some emotional trouble from time to time. Therefore, your main task is to figure out if the personal injury had indeed become a reason for your distress. To understand that;
- Define the periods of emotional distress. When did it start? Is it connected to the injury? Or does it have some non-relevant symptoms?
- Identify a connection between the character of the injury and the symptom. For instance, can the insomnia be connected to the fear of seeing the injury occurring again in a dream?
- Talk to a specialist. While at it, make sure that the clinic you are going to is a reliable one and will not disclose the details of your condition to anyone.
The next most important thing to do is to get medical help. It seems much easier to cope with emotional distress by yourself than it is with a physical injury.