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5 Ways to Prove Emotional DistressBy Andrew Lu on February 4, 2013 5:41 AM

Emotional distress may be one of the most difficult injuries to prove. Unlike a broken

arm or leg, there are no X-rays someone can point to, or even a scar you can display

to prove your injuries.

Instead, emotional distress is largely psychological. And while the suffering can be asgreat, if not greater, than physical injuries, plaintiffs can have a hard time proving

to a court they are entitled to damages given the difficulty of proof.

For those considering or pursuing a claim for emotional distress, here are five ways

you may be able to prove your claim:

Intensity.The more intense the mental anguish, the better chance you have of

proving that your emotional distress was severe enough to deserve compensation.

In some cases, however -- particularly, cases alleging negligent (rather than

intentional) infliction of emotional distress, courts will typically require some sort

of physical injury as well.

1.

Duration.Persistent and recurring pain that remains with you for a long period of

time, like post traumatic stress, may also help prove severe emotional distress.

2.

Related Bodily Harm.While it may be difficult to point out evidence of the

emotional distress, you may more easily provide evidence of related bodily injury

like ulcers, headaches, and other physical signs of distress.

3.

Underlying Cause.The more extreme the underlying cause of the emotional

distress, the more likely a court will find emotional distress. For example,

surviving a bombing may be more likely to support a claim than being the v ictim

of an ordinary read-end car accident that resulted in no physical injuries.

4.

Doctor's Note.A note by a doctor or psychologist should be provided to support

every claim.

5.

You will typically need to incorporate several of these methods in proving your

claim. For example, you may want to demonstrate both the intensity and duration of

your distress and provide supporting medical documentation from your doctor for the

psychological pain and any related physical injuries.

If you are making a claim for emotional distress, you will want to work with anexperienced personal injury attorney. Proof can be very difficult in these claims, and

an attorney can help guide you through your case.

Related Resources:

Emotional Distress(FindLaw)

Torts and Personal Injuries(FindLaw)

How Much Pain and Suffering is Enough to Sue?(FindLaw's Injured)

So When Can You Sue for Emotional Distress?(FindLaw's Common Law)

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on February 4, 2013 5:41 AM.

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