Emotional distress is a real injury that isn't always easy to prove. Unfortunately, you don't have X-rays, MRIs, or other test results to prove your mental anguish exists.
Since emotional distress is psychological, different ways exist in which you will need to prove your injuries than if you suffered from something like broken bones or torn ligaments. This is unfortunate since the emotional damages you deal with can be worse than many physical injuries that heal completely over time.
If someone or something caused your mental anguish, then you may have a case. However, you need to prove to the court that you emotionally suffer. The information here will educate you on some of the ways to prove emotional distress.
You Must Prove the Intensity of Your Emotional Distress
The worse you suffer, the easier time you should have of proving that you have a serious claim. The court needs to have a good idea of just how much your life that your emotional distress has affected.
Show as much proof as possible about your emotional suffering. Keep records of all medications you take and have taken for your emotional distress. Keep a daily journal and write down everything you experience throughout the day pertaining to your mental anguish.
Some examples of what to journal include anxiety attacks, panic attacks, thoughts of doom and gloom, confusion, depression, insomnia, memory lapses, emotional outbursts, crying fits, lack of motivation, and irrational behavior.
Write down the date, the time, the details of what you were doing when the episode happened, the length of the episode, and the severity of the episodes. Also, write down any negative effects each episode caused on top of affecting your mental health.
For example, if you were sent home from work early, ended up in an argument with a household member, or had to leave the store in the middle of shopping, then you need to document these things as well.
You Must Prove the Duration of Your Suffering
The court needs proof you still have issues or proof of how long you suffered in total. Medical records will play an important role in showing the duration. Continue to see your doctor regularly while you have emotional suffering, as well as any therapist or other professional. When you stop treatment, your paper trail ends, and your case can get weaker.
Keep receipts from every expense associated with emotional distress. You may pay for essential oils, calming teas, relaxation music, yoga classes, or other things to help you feel better. The court will want these receipts. The receipts help your case and add to your out of pocket expenses that you will need reimbursement for.
You Must Mention All Bodily Harm You Experienced
Emotional distress can lead to headaches, neck and back pain, ulcers, and other physical symptoms. These symptoms will be easier to prove than emotional distress, so each instance must be well-documented and should be treated by your physician.
You Must Prove the Cause of Your Emotional Distress
Disliking your neighbor or job is not going to be evidence that you had emotional distress. However, a neighbor who chased you down in their car or a boss who constantly yelled at you will explain why you ended up suffering emotional distress.
Save proof of as many instances of the behavior or occurrence that caused you mental anguish. For example, save video your security camera taped showing your neighbor chasing you in their car or save mean-spirited notes your boss left at your desk to taunt you. All these things will help you make a stronger case.
If you plan to make a claim for emotional distress, then you want an experienced attorney on the case. Emotional distress cases are not easy ones to win, but having us in your corner will make winning a lot easier. Contact us now at the Law Office of Janice Maloney to discuss your case.
Since emotional distress is psychological, different ways exist in which you will need to prove your injuries than if you suffered from something like broken bones or torn ligaments. This is unfortunate since the emotional damages you deal with can be worse than many physical injuries that heal completely over time.
If someone or something caused your mental anguish, then you may have a case. However, you need to prove to the court that you emotionally suffer. The information here will educate you on some of the ways to prove emotional distress.
You Must Prove the Intensity of Your Emotional Distress
The worse you suffer, the easier time you should have of proving that you have a serious claim. The court needs to have a good idea of just how much your life that your emotional distress has affected.
Show as much proof as possible about your emotional suffering. Keep records of all medications you take and have taken for your emotional distress. Keep a daily journal and write down everything you experience throughout the day pertaining to your mental anguish.
Some examples of what to journal include anxiety attacks, panic attacks, thoughts of doom and gloom, confusion, depression, insomnia, memory lapses, emotional outbursts, crying fits, lack of motivation, and irrational behavior.
Write down the date, the time, the details of what you were doing when the episode happened, the length of the episode, and the severity of the episodes. Also, write down any negative effects each episode caused on top of affecting your mental health.
For example, if you were sent home from work early, ended up in an argument with a household member, or had to leave the store in the middle of shopping, then you need to document these things as well.
You Must Prove the Duration of Your Suffering
The court needs proof you still have issues or proof of how long you suffered in total. Medical records will play an important role in showing the duration. Continue to see your doctor regularly while you have emotional suffering, as well as any therapist or other professional. When you stop treatment, your paper trail ends, and your case can get weaker.
Keep receipts from every expense associated with emotional distress. You may pay for essential oils, calming teas, relaxation music, yoga classes, or other things to help you feel better. The court will want these receipts. The receipts help your case and add to your out of pocket expenses that you will need reimbursement for.
You Must Mention All Bodily Harm You Experienced
Emotional distress can lead to headaches, neck and back pain, ulcers, and other physical symptoms. These symptoms will be easier to prove than emotional distress, so each instance must be well-documented and should be treated by your physician.
You Must Prove the Cause of Your Emotional Distress
Disliking your neighbor or job is not going to be evidence that you had emotional distress. However, a neighbor who chased you down in their car or a boss who constantly yelled at you will explain why you ended up suffering emotional distress.
Save proof of as many instances of the behavior or occurrence that caused you mental anguish. For example, save video your security camera taped showing your neighbor chasing you in their car or save mean-spirited notes your boss left at your desk to taunt you. All these things will help you make a stronger case.
If you plan to make a claim for emotional distress, then you want an experienced attorney on the case. Emotional distress cases are not easy ones to win, but having us in your corner will make winning a lot easier. Contact us now at the Law Office of Janice Maloney to discuss your case.
