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How To Show Emotional Damages

January 26, 2016


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Posted in Cohen & Cohen, Personal Injury

DC Personal Injury Attorneys Weigh In

Your personal injury attorney in Washington, DC will explain to you how to keep detailed medical records to prove your physical injuries. A more complex issue, however, is how to prove emotional injuries and damages after a car accident or other incident. X-rays, scans, and photographs document the physical harm that has occurred. But psychological stressors and damages can be just as harmful.

Listed below are some ways to prove emotional damages:

1. Thorough medical records – Be certain to document all appointments with psychologists, psychiatrists, and counselors. It can be helpful to provide anecdotal evidence about the psychological stressors you are encountering.

2. Extent of physical injuries – Pain and physical suffering that lingers on for a period of time, and especially ongoing and long-term injuries will add to your assertion of emotional damages. It is important to link your physical and mental suffering. For example, you may become anxious to drive the car or go to work because you are afraid you may get in another accident, or you may be depressed that you suffer from physical limitations as a result of your injuries.

3. Physical damages related to emotional trauma – If you suffer from headaches, insomnia, heart palpitations, tremors, or any other physical conditions that may be related to your psychological condition, you should document this as well.

4. The source of the incident – An incident that was caused by negligence or could have been avoided through appropriate behavior may play a role in your claim of emotional distress. If you were injured by a drunk driver, for example, your claim may be stronger than if you were tapped from behind by a new driver who was following too closely in the rain. Your personal injury attorney in Washington, DC can share more information after considering the cause of your injuries.

5. Level of mental anguish – The stronger the intensity of mental anguish, the easier it can be proven. If you have incurred severe, life-changing injuries and can vividly display your emotional pain, your claim will hold weight.

Traditionally, emotional damages have rarely been considered. Now, however, emotional damages are factored into many cases. Your personal injury attorney will tell you that it is crucial to get treatment and maintain thorough documentation of all care you receive, both medically and psychologically.


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