Personal injury attorneys play a pivotal role in building a case for emotional distress damages. This form of compensation is awarded to victims who have suffered psychological trauma as a result of an accident or injury caused by someone else’s negligence. Emotional distress, also known as mental anguish, can manifest itself in various forms including anxiety, depression, post-traumatic stress disorder (PTSD), and even suicidal tendencies.
Building a case for emotional distress damages involves several steps that require expertise and thorough understanding of the law. Firstly, personal injury attorneys need to establish that their client has indeed suffered from emotional distress due to the incident. This may involve gathering evidence such as medical reports from psychologists or psychiatrists who have treated the victim.
In addition to medical records, personal injury attorneys may also gather testimonies from friends, family members or co-workers who can attest to changes in the victim’s behavior following the incident. These witnesses can provide valuable insights into how the victim’s daily life has been affected due to their emotional suffering.
The next step involves demonstrating causation – that is proving that the emotional distress experienced by the victim was directly caused by defendant’s actions or negligence. Personal injury attorneys must effectively show that there is no other plausible reason for their client’s mental anguish other than the incident at hand.
Moreover, it is crucial for personal injury attorneys to quantify these non-economic damages into monetary terms which can be challenging given its intangible nature. To do this successfully they might use expert testimony from professionals like economists or vocational experts who can evaluate how much productivity loss has occurred due to this emotional disturbance and calculate potential future losses based on current trends and statistics.
Another key aspect while building a case for emotional distress damages includes demonstrating severity of harm done through presenting evidence about duration and intensity of symptoms faced by victims such as sleeplessness, loss of enjoyment in life activities etc., which greatly impact their quality of life.
Furthermore, it’s important for personal injury attorneys not just to focus on the emotional distress damages but also to establish a strong overall case by proving liability, presenting all relevant facts and evidence in a compelling manner. This includes conducting thorough investigations, interviewing witnesses, procuring necessary documentation and more.
In conclusion, building a case for emotional distress damages is an intricate process that requires deep understanding of legal procedures and protocols along with empathy towards the victim’s plight. Personal injury attorneys who can successfully navigate this complex task not only help their clients receive the compensation they deserve but also provide them with a sense of justice and closure which aids in their healing process.
Munley Law
510 Third Ave 2nd Floor, Pittsburgh, PA 15219
14125345133