One step in this process involves proving that the injuries you sustained were from the accident. Proving physical injuries is relatively easy to do, but proving emotional distress isn’t. Your lawyer may recommend using a journal to help you prove that the accident left you with emotional distress.
Why Fighting for Emotional Distress Compensation Is Difficult
When you sue for damages after a car accident, you can easily ask for money to compensate you for the physical injuries you encountered from the accident. To do this, you can simply show your medical bills after the accident. The medical bills you have will prove you suffered physical injuries from the accident.
The problem with emotional distress is that it is hard to prove. You cannot simply show medical bills to support your claim; instead, there are other ways to prove you are suffering emotionally from the accident.
Emotional distress is something that commonly affects people involved in car accidents, and it involves the way you feel and think after an accident. Some examples of emotional distress include nightmares, anxiety, depression, fear and insomnia. If you suffer from any of these things because of your accident, you should consider fighting for compensation.
How to Use a Journal to Prove Your Emotional Distress
Using a journal is a common practice in personal injury law, and you can use this to prove the distress you are experiencing from the accident. To do this, you will need to start writing entries in your journal as soon as possible after the accident. You do not have to write in it every single day, but you should write entries as often as possible, especially when you feel symptoms of emotional distress.
Here are some examples of what you should document in your journal:
- Problems with sleeping – If you wake up during the night from nightmares or cannot sleep because you are thinking about the accident, write this in your journal. Explain how this makes you feel, and talk about the past when you had no problems sleeping.
- Depression and anxiety – You should also document the feelings you have related to depression or anxiety. Write down what you feel and what you think, and explain what you think is causing you to feel this way. You may also want to explain how you used to feel prior to the accident, simply to show the differences between then and now.
- Limitations – Including limitations is also helpful for proving emotional distress. For example, if you cannot drive anymore due to your injuries, explain how you feel about this. Talk about the events you miss due to your inability to drive, and explain how relying on others for rides makes you feel.
When you go to court for your case, the court will compensate you for your emotional distress if you prove it’s real and that it is intense. They will base the amount not only on the intensity of your distress, but also on the duration of it.
In addition to documenting your stress in a journal, you may also want to seek counseling help through a therapy clinic. If you do this, your therapist can offer additional proof of your emotional distress.
After incurring injuries and trauma from a car accident, you should seek professional help from a lawyer experienced with car accident cases. Contact The Law Office of Bruce Meth for more information.