(Newswire.net — January 30, 2020) —
When people imagine a car accident, their minds envision images of the physical damage and injuries. However, victims of an accident also suffer from psychological and emotional trauma as well. You can collect financial compensation for these symptoms, but you’ll need to show an exceptional amount of proof to do so.
So, how can you prove emotional distress in your car accident claim? From your own planning to the responsibility of car accident attorneys, here’s everything you need to know in order to get the compensation you deserve.
The Expert Witness
The best evidence you can present are testimonies from experts like psychologists and doctors. They provide professional diagnoses for your conditions, proving everything from depression to anxiety and PTSD. During trial, they also testify to what extent you are impacted by emotional distress.
Calling an expert witness to the stand requires a little teamwork from your and your attorney. The legal representation you hire will more than likely recommend a professional they work with whose testimony will hold weight in court. All you have to do is go to the necessary appointments. Your lawyer will handle getting them in court during the trial.
Proving Proximate Cause
Proximate cause simply means you can pinpoint the cause of your emotional distress, which would be the accident in question. This rules out preexisting conditions you had before the accident, though you can show that the car wreck amplified these conditions.
After an expert witness testifies that you have emotional distress, the next step for you and your lawyer is to prove it was caused by the accident. This isn’t a difficult process in most cases, and your attorney can handle the burden of proof.
Intensity and Duration
Finally, you need to let the court know how intense your emotional stress is as well as how long it has lasted. Courts rely on this information when deciding how much compensation to award a victim. Intensity is also used to determine if the impact of the distress is bad enough to award compensation in the first place.
With you auto accident law firm using expert testimony, the professionals they choose will be able to testify to the intensity of your emotional distress. Your attorney will also rely on other cases involving similar incidents to display intensity.
Duration directly impacts the jury’s verdict. One day of emotional stress after the accident might not be enough to sway their minds, but consistent or chronic distress is always enough to secure compensation.
Both your expert witnesses and lawyer will attest to how long you’ve suffered emotionally after the accident. Your attorney might also call in witnesses that can attest to duration, like your coworkers, family, and friends.
Relying on Bodily Injury
A main component to your argument is the extent of your injuries. You can pursue compensation without any physical injuries, but their ability to directly cause emotional distress is vital to your case. The more severe your injuries, the easier it is to establish your claim.
While catastrophic injuries like losing a limb or paralysis can easily prove emotional distress, smaller injuries count as well. Injuries that cause you to be unable to work or live life normally are also direct causes for distress. It helps to discuss the extent of your injuries with your lawyer to better determine how much compensation you stand to receive.