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How Do I Prove Emotional Pain and Suffering?

Posted By Michael Berry
How Do I Prove Emotional Pain and Suffering?

An accident injury can be a life-changing event, physically, emotionally, and psychologically. Plaintiffs in personal injury cases can be compensated for the emotional consequences of an accident and physical injuries, but they have the burden of proving that harm. How do you prove something so personal?

MJB Law Group’s Tustin personal injury attorneys help clients throughout Orange County after an accident causes a serious injury. We know the local streets, intersections, courts, and insurers that will be part of your case. Call us today at (949) 266-0880 or fill out our confidential contact form.

What is Emotional Pain and Suffering?

Emotional pain and suffering are psychological distress and anguish experienced by someone due to a traumatic event, injury, or other painful circumstances. Unlike physical pain, which is more tangible and easier to quantify, emotional pain and suffering cover a wide range of subjective experiences that can be more difficult to measure and evaluate.

Why Would an Accident and Physical Injury Cause Emotional Pain and Suffering?

It can be due to many reasons but is initially caused by the physical, psychological, and practical consequences of the accident. Factors that can make it worse include: 

  • Experiencing an accident can be traumatic, leading to feelings of fear, shock, and helplessness. The suddenness and unpredictability of accidents can leave individuals feeling vulnerable and anxious about their safety and well-being

  • Injuries sustained in accidents often result in physical pain and discomfort, which can be distressing and debilitating. Chronic pain or the severity of injuries may worsen feelings of distress and frustration

  • Accidents may result in significant losses, including losses of property, income, and independence. The disruption of daily routines, activities, and relationships due to injuries or disabilities can be difficult to cope with

  • You may feel guilt, self-blame, or regret, especially if you second guess yourself and believe you could have prevented the accident

  • Accidents can make you feel uncertain and fearful about the future, including concerns about recovery, rehabilitation, financial stability, and the ability to resume normal activities. This uncertainty can lead to increased anxiety and distress

  • Injuries can have psychological implications beyond physical pain, such as depression, anxiety, post-traumatic stress disorder (PTSD), or other mental health conditions. Coping with the psychological effects of injuries may require professional support and intervention

  • Accidents and injuries can strain social relationships and support networks, leading to feelings of isolation or loneliness. Lack of emotional support or understanding from others can you’re your emotional distress worse

  • You may experience intrusive thoughts, memories, or flashbacks of the accident or difficulties you suffered during medical treatment, which can trigger emotional distress and psychological symptoms associated with trauma

  • We want to feel we have some control over our lives, and an accident results in a loss of control, which can be psychologically distressing. Regaining a sense of control and autonomy after an accident may require time and effort

If you’re experiencing emotional distress after an accident, seek support from loved ones, mental health professionals, or support groups to help with your recovery process.

How Do I Prove My Emotional Pain and Suffering in a Personal Injury Lawsuit?

There are many ways to establish what you’re going through and communicate it to a jury. Here are some methods we may use to prove your emotional distress:

  • If you have psychological treatment for your emotional distress, we can use medical records, therapist notes, and evaluations to show that your distress is real, its severity, and impact

  • Witnesses may include mental health professionals, such as psychiatrists or psychologists, to testify about your emotional distress. They can discuss the nature of your distress, its causes, and effects on your life

  • Witnesses who have observed your emotional distress, such as family members, friends, or coworkers, can provide testimony to support your claims

  • You can testify about your emotional distress, your experiences, symptoms, and how it’s affected your quality of life

  • We can show the impact of emotional distress on your daily life, including your ability to work, maintain relationships, participate in activities you enjoy, and carry out daily tasks

  • We can present “before and after” evidence that compares your mental health and life before and after the injury

  • Medical evidence of your physical injuries can show they’re related to your distress

  • Seeking guidance from a seasoned personal injury attorney in Tustin, who can leverage various legal strategies and expert testimony to effectively communicate your ordeal to a jury

An insurance company may claim you’re not suffering from emotional distress, so you shouldn’t be compensated for it, or you should be compensated less because it’s not as severe as you claim. They may try to find evidence that contradicts your claims, including witness testimony, social media posts, and videos shot by investigators showing you’re living a normal life that’s not impacted by emotional distress.

Contact Our Tustin Personal Injury Lawyers Today

If you or a loved one are hurt in an accident in Tustin or elsewhere in Southern California, you deserve justice. Don’t allow the responsible party to get away with their negligence. Take action and seek the help of a trusted personal injury lawyer in Tustin at MJB Law Group. 

Call us today at (949) 266-0880 or fill out our confidential contact form to schedule a FREE case evaluation and consultation so we can discuss your situation, California law, and your legal options.

About the Author:

Michael Berry

Michael J. Berry stands as the cornerstone of MJB Law Group, having established himself as an unwavering advocate for individuals in the realm of litigation. With a focus that lies squarely on representing the everyday person, he has championed the rights of those injured due to another's oversight or negligence. These injuries often arise from circumstances like car accidents, mishaps involving slips & falls, and unfortunate dog bite incidents. For Mr. Berry, it's not just about legal representation; it's about seeking justice for personal injury victims. His mission is to ensure that his clients not only receive rightful compensation but also find the support they need to reintegrate into their daily routines and lives.In his early career, Mr. Berry treaded a different path. He offered his legal expertise to defend employers and catered to a myriad of insurance companies dealing with personal injury claims. This experience provided him with an invaluable insight into the workings of the defense side of litigation. However, as he navigated this landscape, an inner realization dawned upon him. He acknowledged that his true calling was not in bolstering the bottom lines of large corporations and insurance entities. Instead, his heart and passion lay in standing shoulder to shoulder with ordinary individuals, ensuring they had a powerful voice in the legal arena. It was this revelation that led him to create MJB Law Group, a firm grounded in the principles of justice,... View full business profile here: Michael Berry