Documenting Emotional Distress After an Accident

At Hoy Law, we negotiate compensation for clients who have suffered significant injuries. A fair settlement should cover certain economic losses, including the cost of medical care and any lost income. But we also fight for compensation for emotional distress, which can take many forms: post-traumatic stress disorder, depression, anxiety, and even irritability. How do you document the effects of emotional distress on your life? Our personal injury lawyer provides some tips.

Why Proving Emotional Distress is So Critical

Many of our clients struggle powerfully after an accident. They can struggle with depression due to bodily limitations and pain. Others relive a traumatic accident, trying to suppress intrusive thoughts and flashbacks.

It is critical to document your emotional distress, because the other side is unlikely to pay fair compensation willingly. Instead, they will probably argue you are exaggerating or even making up emotional distress. Some insurance companies are very skeptical that a person is dealing with depression or anxiety after an accident. These companies might not initially offer any compensation for mental harms.

We typically rely on the following evidence to document the severe mental anguish our clients deal with following an accident:

• Testimony from doctors and therapists. You could be receiving behavioral therapy for PTSD, or meeting regularly with a psychiatrist or therapist. They can offer testimony to explain your mental health condition.
• Medical records. We can introduce medical records which detail your diagnosis, as well as any prescription medication a doctor has prescribed. For example, you might be taking antidepressants or anti-anxiety medication to help you.
• Testimony from friends and family. The people who know you best can describe how your mental health has suffered since the accident. For example, your spouse can testify that you used to be outgoing but now stay home and withdraw from friends. This testimony can provide a unique perspective on your depression.
• Your own records. We encourage our clients to keep a detailed journal where they discuss their mental state, usually in the form of daily diary entries. The point is to document how you are feeling.

Contact Hoy Law to Schedule a Consultation

Our firm is proud to help injured victims seek compensation and access the justice system. We know the journey to recovery is full of twists and turns, and healing takes time. Call our Hoy Law to speak with a Sioux Falls emotional distress & PTSD lawyer in a free consultation.

Source:

nimh.nih.gov/health/publications/post-traumatic-stress-disorder-ptsd