Defining emotional pain and suffering.

When you’re injured in an accident or on the job, you could quickly find yourself in a serious situation. While you’re in physical pain, it’s also possible to suffer emotionally.

What is Emotional Distress?

Emotional distress is mental harm or anguish because of someone else’s actions. If someone has injured you in a car accident that was not your fault, your emotional distress is part of your injuries.

Emotional distress is a special type of damage in personal injury cases. The compensation awarded to a victim can vary greatly because of the unique aspect of each person’s injury and the emotional trauma they experience from the physical pain.

To have a claim of emotional distress in your personal injury case, you must show:

  • Your emotional distress is constant and continuing;
  • The action or inaction by another person causes your emotional distress; and
  • Your emotional distress is significant.

How Does Emotional Distress Translate to Pain and Suffering?

Pain and suffering refers to any physical pain, as well as emotional or mental anguish resulting from physical injuries caused by another person. This becomes significant in severe personal injury cases where a victim is injured so badly their life may never be the same.

How to Prove Emotional Pain and Suffering?

To show your emotional pain and suffering reaches a level of trauma that would require additional damages to be paid to you, there are several factors you need to show:

  • The intensity of your emotional distress;
  • The length of time you’ve suffered and if that will continue;
  • The related physical injuries;
  • A note from your doctor regarding your psychological symptoms.

This is where an experienced personal injury lawyer in Los Angeles can help you. It’s not an easy process to prove emotional pain and suffering. You’re already dealing with enough and you shouldn’t have to worry about legal work on top of it all.

Examples of Emotional Pain and suffering?

Emotional pain and suffering is unique; if you’re suffering from mental anguish after your accident, there’s a good chance you’re suffering from emotional distress.

Some common examples include:

  • Loss of sleep
  • Extreme anxiety
  • Depression
  • Fright
  • Fear

Call Your Personal Injury Lawyer Los Angeles

Accidents can and do happen. If you find yourself in that unfortunate situation, you deserve a skilled and trusted personal injury lawyer in Los Angeles to fight for you. Steinberg Injury Lawyers has the experience to get the compensation you need to move forward.

Emotional pain and suffering is difficult to prove, but may be necessary to help you make a full recovery. The injuries you have are not limited to your physical body - they can and do include your emotional state. The emotional distress you’re feeling won’t go away on its own. It’s real and distressing. We can help.

Contact us today for a free, no obligation evaluation of your case to see how we can help you move forward and get back to the life you love.

Peter Steinberg
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Los Angeles Personal Injury Attorney Since 1982
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