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Proving emotional distress

Injuries come in many forms. Some are obvious, such as a broken arm in a car crash or a work-related death. Others are harder to determine, such as emotional duress or other psychological distress, such as post-traumatic stress disorder (PTSD). Pursuing a claim purely based on emotional distress can be done here in Louisiana, but the victim will need to prove that they are suffering.

5 ways to prove emotional distress

The circumstances of each injury are different, but some common ways of proving emotional distress include:

  1. Intensity: Some victims suffer from mental anguish, and a more intense sense of distress will likely prompt the court to award more damages.
  2. Duration: Some mental injuries, like PTSD, can linger for months or years, leaving victims to live with this kind of distress.
  3. Related physical harm: Some emotional injuries manifest themselves physically, such as headaches, blurred vision or ulcers.
  4. Underlying cause: The mental stress can be caused by a cataclysmic event, such as a motor vehicle accident or assault.
  5. Doctors opinion: A medical doctor or psychologist can provide analysis that helps define the health issue and build a case.

An attorney can provide guidance

These cases are usually complex, so a knowledgeable personal injury attorney will often use several of these methods to illustrate the depths of the injuries, the suffering and emotional duress. As with physical injuries, these injuries can cause victims to miss work, need medical treatment and lead to other related expenses. It is also worth noting that Louisiana has shorter time limits for filing a personal injury claim, so injured would be wise to consult with a lawyer as soon as victims realize that their injuries are more involved than first thought.

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