In personal injury cases, emotional distress is subject to compensation just like physical injuries. It is usually included in the pain and suffering damages. The only problem is that emotional distress is an intangible pain, which isn't easy to prove since people (adjusters, jurors, and even judges) are more apt to believe in what they can see, hear or feel than intangible things. Fortunately, there are tangible things you can use to prove emotional distress; here are three such examples:
Drug Prescriptions
Psychological injuries have their medications just like physical injuries. For example, antidepressants are available for treating depression. Therefore, if you are being treated for a psychological disorder, such as anxiety and depression, the treating physician may prescribe some drugs for you. Keep these prescriptions and use them as evidence of your emotional distress. In fact, take it a step further and keep the packaging for the medication too.
If your doctor gives you a prescription and you don't know what it treats, ask him or her about it. You can also do your own research (say online) to arm yourself with this information. This will prove your claim of emotional distress.
Narratives From Your Doctor
A professional evaluation of your condition is handy when it comes to proving your emotional condition. A good way of taking such proof to court (or to the negotiation table) is to have the medical personnel handling your case make a narrative of it. This may be your psychiatrist, counselor or your personal doctor. As long as your doctor stands by his or her narrative, it will form a powerful evidence for your case.
Correspondence From Acquaintances
If you are emotionally distressed, then the people around you may notice a change in your behavior or demeanor. For example, your colleagues may notice if you don't take lunch breaks and your friends may detect that you easily get angry at the slightest provocation. These people may share their concerns with others or with you. For example, your cousin may write to your grandparents about your condition, or you may get an email from your employer about it. If you can get hold of these correspondences, use them in court to solidify your position.
These are just three examples, but there may be other ways to make others "see," "hear," or feel your emotional pain. Talk to an injury lawyer about your concerns to help you get the compensation you deserve.
