Proving Emotional Distress in a Personal Injury Case
When you think of a personal injury claim, you might first think of physical injuries. However, emotional distress is also a legitimate and compensable harm under Indiana law. At Pathway Legal Group, we help injury victims throughout Indiana pursue compensation not just for physical injuries, but for the emotional toll accidents can cause. Here's how emotional distress is proven in personal injury cases.
What Is Emotional Distress? Emotional distress refers to the psychological impact an accident or injury has on a person’s mental and emotional well-being. It can include:
Anxiety
Depression
Post-traumatic stress disorder (PTSD)
Sleep disturbances
Fear and panic attacks
Loss of enjoyment of life
These emotional injuries can be just as debilitating as physical ones and deserve proper compensation.
Evidence Used to Prove Emotional Distress Proving emotional distress requires careful documentation and credible evidence. Key forms of proof include:
Medical Records
Treatment records from therapists, psychologists, psychiatrists, or primary care doctors documenting symptoms, diagnoses, and treatments.
Testimony from Mental Health Professionals
Expert opinions linking the emotional distress directly to the accident or injury.
Personal Testimony
Your own detailed accounts of how the accident has affected your daily life, relationships, and mental state.
Witness Testimony
Statements from family, friends, or coworkers who can describe changes in your behavior, mood, and quality of life after the accident.
Documentation of Medications
Prescriptions for anti-anxiety medication, antidepressants, or sleep aids can further demonstrate emotional distress.
Factors Considered in Emotional Distress Claims When assessing emotional distress damages, courts and insurance companies may consider:
The severity of the physical injury
The duration and intensity of emotional symptoms
How the symptoms have impacted daily life and work
Whether the emotional distress led to formal mental health treatment
Challenges in Proving Emotional Distress Unlike physical injuries, emotional injuries are invisible and subjective. Insurance companies often challenge emotional distress claims by arguing that symptoms are exaggerated, unrelated, or pre-existing. Having an experienced attorney who can properly document and present your case is critical.
How Pathway Legal Group Can Help At Pathway Legal Group, we understand the emotional toll accidents take on injury victims. With nearly a decade of experience defending insurance companies, we know how they evaluate and often try to minimize emotional distress claims. We now use that insider knowledge to advocate for our clients across all counties in Indiana.
If you’ve suffered emotional distress due to an accident, call Pathway Legal Group today at (317) 588-7400 for a free consultation. Let us help you navigate the path to recovery and fight for the full compensation you deserve, both physically and emotionally.
