Personal. Caring.

Can I Be Compensated for My Emotional Injury?

A personal injury can be difficult to overcome. Recovery often requires expensive medical treatment, prescriptions, and time off from work. Medical bills and lost wages are burdens enough, but they are not the only negative result of your injury. Emotional injury is as real as the physical injuries sustained and mental anguish is often even more debilitating. Whether the injury was inflicted on you because of another person’s negligence or intention, it can result in emotional distress. This is the psychological consequence of your injury and the effect it has on your everyday life. Some manifestations of mental anguish might be:

  • Fear
  • Anxiety
  • Depression
  • Insomnia

There are numerous ways in which you can be emotionally injured after an incident has occurred. But, is emotional injury a legitimate claim and is it compensable?

Yes. However because mental anguish is not easy to measure or quantify, the most important thing that you can do to best prove your claim for emotional injury is to document. Documenting your struggles with mental anguish is critical to your case.

  1. Though it sometimes feels embarrassing to talk about your feelings and mental struggles, telling your doctor ALL of your symptoms, especially your emotional ones, is the best documentation of your actual mental state. The doctor will note the changes to your emotional health and this record can be used when filing a claim or pursuing litigation.
  1. Keep a personal journal documenting your struggles and how they are affecting your life. The more detailed, the better. Emotional injury claims require evidence and you are the only one who can really express the magnitude of your anguish and the effects it has on your well-being and your family.
  1. For further evidence, you can even have others write letters citing the changes they have seen in you since your injury. Family, friends and co-workers can provide this vital documentation on how they see that your injury has impacted your life.
  1. If you have any prescriptions that are directly related to the mental anguish you are experiencing because of your injury, be sure to include those in your documentation.

You have heard the phrase “pain and suffering,” and now you are experiencing it firsthand. With detailed documentation and the correct counsel, you can get the compensation that you deserve. Let us help you obtain all the resources you need to make a complete recovery.


FindLaw Network

How Can We Help?