3 Complications Of Emotional Injury Claims

29 July 2022
 Categories: Law, Blog

Accident victims deserve compensation for all injuries, including emotional injuries. The defendant should compensate their victims for all losses related to the accident. However, emotional injury claims are relatively more complex and difficult to prove than physical injuries. Below are some reasons for the complexity of emotional injury claims.

1. People Cannot See the Injuries

Emotional injuries are difficult to prove because no one can see your emotions. The average person struggles to accept something they cannot see, hear, or touch. Contrast this with a physical injury that leaves you with a big scar on the torso. The insurance adjusters, judges, jury, and lawyers can easily see such an injury.

You must go out of your way to prove an emotional injury. You have to make the opposing parties and the court agree to the injury's existence even if they cannot see it. That means you must gather more evidence than needed for a physical injury.

2. The Law May Require an Accompanying Physical Injury

You don't need to prove any other injury to win a physical injury claim. However, you might need to prove a physical injury to win an emotional injury claim. Some states have laws that only compensate for emotional injuries that accompany physical injuries but not standalone emotional injuries.

For example, you can easily get compensation for emotional injuries from a car accident that also caused you to lose a limb. However, you might struggle to get compensation for emotional injuries after a car crash where you did not sustain significant physical injuries.

3. Connecting the Injuries to the Accident Is Not Easy

The injury defendant only compensates you for the damages that their actions or inactions have caused you. Thus, you must prove that the emotional damages that doctors have diagnosed you with stem from the accident to get compensation for the same. Proving the connection is relatively complex.

Consider a case where you suffer head injuries and whiplash after a rear-end collision. Eyewitnesses, accident reconstruction, and video footage of the accident can easily help you connect the injuries to the crash. However, such a connection is not easy to make with emotional injuries. The defendant can claim that the emotional injuries stem from other issues in your life.

Hopefully, you will get the compensation you deserve for all the damages stemming from your accident. Consult a personal injury lawyer to help you ensure that is the case. The lawyer will review your case, collect evidence, and coordinate with other professionals (such as expert witnesses) to help prove your emotional injuries.

Contact a law firm like Voorhees Law Firm for more information.