What started as a typical day can quickly become an emergent situation when you’re the victim of a personal injury. Whether you were hit by a distracted driver or were the victim of medical malpractice, the implications on your life can be significant. When you endure a severe injury, you may feel like you must suffer the pain and emotional trauma in silence. However, Monmouth County personal injury attorneys are ready to help you receive the justice you deserve. Keep reading to learn more.
What is Emotional Trauma?
Emotional trauma is a complex issue, as it is often considered “invisible.” This distress is a non-physical injury that results from an accident and has a prolonged, adverse effect on the injured party’s life. Some of the most common issues are as follows:
- Post-Traumatic Stress Disorder
- Chronic Pain
These feelings can make it challenging for the victim to live normally, as these issues can cause a loss of enjoyment of life.
Do I Need to Be Injured?
In general, emotional distress can only stand up in court if the victim has suffered injuries. Typically, medical records are submitted to the court to prove that bodily harm has occurred for there to be further investigation into the emotional trauma one has sustained.
However, if you can prove that there was intentional infliction of emotional distress, you may be able to receive compensation. For example, if an insurance adjuster lies to a disabled client by stating the client was no longer classified as disabled and therefore was no longer covered under their insurance policy, they could be liable for emotional trauma. Though no bodily harm occurs, this is the intentional infliction of distress.
How Do I Prove Emotional Trauma?
As previously mentioned, in almost all cases, there must be a physical injury that occurred. Once you have submitted medical records and documentation surrounding the bodily harm you’ve sustained, you must prove that you have endured a damaged mental state.
Because there is no physical evidence of emotional issues, it can be more challenging to prove that you’re suffering emotionally and mentally. However, a licensed counselor will conduct an assessment of your mental state to create a report to submit to the court, helping to back up your claims.
Similarly, your family and friends may be asked to testify on your behalf to back up your claims, as they can speak to the change in personality you’ve endured from the accident.
If you’ve been the victim of an accident and have continued to suffer the effects, you’ll want to reach out to a seasoned personal injury attorney. At the Wilton Law Firm, we will fight to ensure you receive the compensation you are entitled to due to the negligence of another party.