If you file a personal injury claim in pursuit of monetary damages for emotional distress, be prepared to prove this type of loss based on clear and convincing evidence. Emotional distress is not as easy to prove or document as bodily harm. The insurance company may try to argue that your emotional distress is being exaggerated or does not exist. You may need an attorney to help you gather evidence to prove your emotional distress, such as:
- Medical records from a psychiatrist or psychologist
- The severity of a physical injury, if present
- Accounts from friends and family members
- Testimony from the victim
- Opinions from medical experts
- The victim’s injury journal
Any information or accounts that can prove you suffered changes to your mood, behavior or personality from before the accident to after the accident can support your claim. Obtaining an official diagnosis for a mental health condition such as anxiety or PTSD can also strengthen your claim to damages. Seek treatment from a mental health professional as soon as possible after an accident to start gathering evidence of emotional distress.
What Is the Average Settlement for Emotional Distress?
The value of a claim involving emotional distress in Connecticut will depend on the facts that are unique to you. Some clients receive several thousand dollars for mild to moderate losses, while other pain and suffering awards can exceed $1 million for catastrophic injuries or wrongful deaths.
It is difficult to get an accurate estimate of the value of your case without consulting an attorney. Do not trust online calculators and do not rush to accept a fast settlement from an insurance company. These mistakes could lead to you accepting less than you deserve for your emotional distress. Instead, work with a personal injury lawyer to maximize the value of your claim.
This article is offered for informational purposes only and is not to be construed as legal advice. If you have questions or feel you may need a personal injury lawyer, please contact us here, to learn more about your options with no upfront costs.
