A personal injury attorney can help victims suffering from physical or emotional damage that was inflicted by the negligence of another. Proving emotional distress is a much more complex legal process; however, so it is important to choose the right lawyer who has specialized experience.
If you've been harmed by another person's negligence,
you may be considering hiring a personal injury attorney in order to claim rightful compensation. However, what if you have no visible injuries or concrete economic damages? Just because you haven't broken an arm, required a surgical procedure, or missed work due to pain, doesn't mean that you haven't had any unnecessary suffering. Proving emotional distress and non-economic damage can be more complex, but with the help of a skilled lawyer you can build a strong case in your favor.
In typical cases, one party has care of duty, which means they had some level of responsibility towards the victim. A shop owner and customer, drivers on the road, or invited visitor and host would all be examples of situations where an individual can possibly be charged with negligence because they have an implied duty towards another. When one person breaches this duty, causing the other harm, then the victim may be entitled to compensation by law. While the basic idea is fairly straightforward, determining what constitutes as damage can be confusing.
Examples of damages are most commonly the physical and economic. Visible or professionally diagnosed pain, such as cuts, bruises, broken bones, lost teeth, etc., as well as economic loss as a result - medical bills, lost wages, and property damage, are favored cases by lawyers. A chain of events and subsequent consequences are easy to establish in most incidences. However, pain, suffering, and loss, as most people know, are not limited to these concrete examples. Emotional distress such as depression, fear, anxiety, humiliation, and embarrassment are all possible consequences of another person's negligence. These emotions can cause economic losses, medical bills such as therapy sessions, and other debilitating problems for years to come. A personal injury attorney will often refer to these as quality-of-life damages.
Victims seeking to receive monetary compensation for emotional distress should not be discouraged by the obstacles they will face during the legal process. It is possible to be awarded compensation, and your first line of defense is securing a highly experienced personal injury attorney. Many law firms will specialize in specific types of cases, such as slip and fall, workplace injuries, or traffic accidents, so it is important to seek one who is familiar with quality-of-life damages.
There are several requirements for proving emotional distress, but in most states it must be proven that the defendant had specific intent to inflict emotional damage. Therefore, a person who has slipped and fallen due to a shop owner's negligence, and subsequently experienced depression after the episode, will unlikely be awarded compensation for emotional distress as there was no clear intent. If intent is provable, then the distress must also be considered ongoing and not temporary, have medical implications, and the defendant is the direct cause.
If you feel you have unfairly suffered due to another person's negligence, and have subsequent loss, be it tangible bills or emotional problems, contact a personal injury attorney to fight for your rights.
