Personal injury attorneys play a crucial role in handling emotional distress claims. They provide legal representation to individuals who have suffered physical or psychological harm as a result of the negligence or intentional act of another party. Emotional distress, often referred to as mental anguish, is one type of damage for which victims can seek compensation in personal injury cases.
Emotional distress claims typically arise from incidents that caused severe emotional trauma such as accidents, assaults, wrongful death of a loved one, and many more. These kinds of injuries can be challenging to prove because they do not manifest physically like other injuries; however, they are equally significant and deserve fair compensation.
The first step an attorney takes when handling an emotional distress claim is to gather all necessary evidence. This includes medical records indicating diagnosis and treatment for conditions like anxiety, depression or post-traumatic stress disorder that could have resulted from the incident. Other forms of proof could include testimonies from psychologists or psychiatrists who treated the victim after the event.
Once sufficient evidence is collected, personal injury attorneys develop a compelling case demonstrating how their client’s life has been significantly affected by the traumatic event. They illustrate how daily activities may have become burdensome tasks due to overwhelming fear or anxiety associated with the incident.
An essential part of proving these claims involves showing causation – that is linking the defendant’s actions directly to the plaintiff’s emotional distress. The attorney must demonstrate beyond reasonable doubt that without this specific incident occurring due to negligence or deliberate action on part of defendant; their client would not be suffering emotionally today.
In some cases where it becomes difficult to prove direct causation between defendant’s actions and plaintiff’s emotional trauma but there exists clear evidence showing extreme recklessness on part of defendant; courts may allow recovery under theory known as “negligent infliction of emotional distress”.
Negotiating settlements for clients forms another crucial aspect in handling these types of claims by personal injury attorneys. They use their expertise and knowledge regarding the value of emotional distress claims to ensure that their clients receive fair compensation for their suffering.
Lastly, personal injury attorneys provide much-needed emotional support and guidance during this challenging time. They understand the psychological toll such incidents take on victims and strive to ease the burden by handling all legal aspects of the claim.
In conclusion, personal injury attorneys play a pivotal role in handling emotional distress claims. By gathering evidence, establishing causation, negotiating settlements, and providing emotional support, they help victims navigate through these complex cases while seeking justice for their suffering.
Munley Law Personal Injury Attorneys
1275 Glenlivet Dr Suite 100-599, Allentown, PA 18106
16102327006
