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Emotional Distress in Cincinnati Personal Injury Claims

When most people think about filing a Cincinnati personal injury claim, they usually try and measure their physical or financial losses. What many do not realize is that emotional distress is also a form of loss in a personal injury case. Emotion damages have a huge impact on the lives of those who have experienced personal injury and deserve to be compensated for. So what is emotional distress and how does an attorney prove it?


What is Emotional Distress?


The legal definition of emotional distress is “a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another’s conduct and for which damages may be sought.” It is also referred to as emotional harm, mental suffering, mental disturbance, or mental distress.


In personal injury situations, individuals can experience emotional harm if their injury caused a loss, changes to their life, changes to their appearance, trauma, humiliation, or hundreds of other examples.


Attorneys that can prove emotional distress in a Cincinnati personal injury claim can help their clients earn the compensation they deserve. So how do they do this in a Cincinnati personal injury claim?


How do Attorney’s Prove Emotional Distress in a Cincinnati Personal Injury Claim?


When attorneys are trying to prove emotional distress in a Cincinnati personal injury claim they look at a few different details. These details include the following:


Intensity:


How intense is the mental pain? It is ongoing? An attorney will look at the level of intensity that an emotion caused by the accident continues to impact your life.


Duration:


If your emotional distress refuses to subside or lasts a long time, your attorney has a better chance at proving it in your Cincinnati personal injury claim.


Physical Damages that are Related:


Are physical symptoms tied to your emotional distress? This could include migraines, feelings of being restless or unable to sleep, anxiety, and more. This is referred to as “related bodily harm.”


Cause:


How does your emotional distress tie to your injury? Your attorney will tie your distress directly to the thing that caused your injury and connect the dots.


Provider Notes:


Having a doctor there to back up these details adds credibility to your Cincinnati personal injury claim of emotional distress. The attorney will use notes from your mental health provider to prove emotional distress.


Seeking Help after Emotionally Distressing Event:


If you are experiencing emotional distress after your Cincinnati personal injury, it is important that you get the help you need. Connect to a psychologist or mental health professional to get on the road to recover.


To learn more about an attorney ready to help you with your emotional distress Cincinnati personal injury claim, click here.


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