When you file a personal injury case, you should be aware that not only can you try to receive damages for physical injuries but also for emotional distress. However, if you do choose to request damages for emotional distress, you should be aware that the burden of proof is on you and that this is not easy to prove.
There are a few ways that you can try to prove that you have been the victim of emotional distress due to the other party’s negligence. When trying to fulfill the burden of proof, you can show there has been very intense emotional distress. You can show this by obtaining a note from a psychologist or another medical professional who has treated your distress. There may also be certain situations in which you have suffered additional health problems due to the emotional distress that you have faced. This can include migraines, high blood pressure, or even ulcers.
The court will also have to consider the cause of the accident that resulted in your distress. For example, if you suffered minor injuries in a car accident, you might have less of a chance to recover damages than someone who was the victim of a very severe medical malpractice case. The court may also take into consideration the amount of time in which you have experienced emotional distress.
If you have questions or concerns about whether you may be able to receive damages for emotional distress that resulted from a personal injury, contact our firm today.
If you are in need of experienced legal counsel in regards to a personal injury or workers’ compensation case in New York City, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.