Proving Emotional Distress

Proving Emotional Distress

Unlike a physical injury, there are no X-rays or scars that can be used to prove emotional distress in a personal injury lawsuit.

Emotional distress is largely psychological, and plaintiffs can have difficulty proving to a court that they have been emotionally injured as a result of an accident or injury caused by the neglect of another party. At Thrush Law Group, we know how much an injury can impact all aspects of your life, even if they cannot be physically seen. Here are some ways you can prove your claim when pursuing a lawsuit for emotional distress during your personal injury case:

Intensity of Emotional Distress
The more intense your mental anguish is, the more chance you have of proving that the emotional distress you experienced as a result of the injury was enough to impact your daily life and future, and as a result, you deserve compensation. Some courts may require evidence of physical injury to go along with emotional injury as well.

Related Bodily Harm
As stated above, some courts may require physical injury proof along with emotional injury in order to grant compensation. This could include ulcers, headaches and other physical signs of distress.

Constant and recurring pain that remains with you for a long period of time could lead to long-term effects, such as post-traumatic stress disorder. Psychiatric proof of this can help you prove your case.

Underlying Cause
The more extreme the underlying cause of the emotional distress, the higher chance you have of proving that the emotional distress is a result of the injury sustained. An example could be surviving a bombing incident, which would be more likely to support your claim than if you had gotten in a common fender-bender and sustained no physical injuries.

In order to prove emotional distress in your personal injury claim, you may need to prove several of these factors, especially if there are no physical injuries to connect with your emotional distress. In order to navigate the terrain of personal injury law it is imperative to have an experience personal injury attorney on your side. If you have been injured call the Thrush Law Group in Phoenix or Tucson to speak to a qualified personal injury lawyer immediately. To consult with someone about your options in the Phoenix area call 480-366-5795; in Tucson call 520-325-6500. Visit for a free case evaluation.

Comments are closed.