If you’ve gone through a situation where you’ve suffered due to someone’s negligence, you have options. But sometimes the deepest scars are the ones you can’t see.
Did you know you can recover damages from these things too?
When you sue for emotional distress, you’ll go through the normal stages of evidence and witnesses, but things might look a little different. In the end, though, you can walk away from this situation feeling like justice was served. We’ll walk you through how to get there.
Witnesses to Your Emotional Distress
When you’re undergoing the legal proceedings of an emotional distress lawsuit, you’re probably familiar with the concept of witnesses and how important they are to the case. But who’s allowed to be a witness to your emotional distress?
Well, this could be just about anyone. Some witnesses could be better than others, though. While the people you’re closest to could have the best view into your personal life, their accounts might not go as far as someone who isn’t that close to you.
For example, your best friend or partner will probably be able to speak on the emotional impact you’ve experienced. But they might also seem biased or like they have a personal stake in you getting support. A co-worker’s statement might be more effective in helping you access damages for emotional distress.
Therapists and Prescriptions
One source of support you can find is a therapist or other mental health professional who can speak to your emotional distress. A therapist can write something called a mental health narrative that details your emotional state.
If you’re getting mental health support from a psychiatrist, you might be taking medications or considering doing so. Noting your prescriptions can be one way to show that you’ve gone through emotional distress.
Have you started a new medication or increased the dosage on one? Any change in your mental health treatment can show that your emotional well-being has taken a hit.
Many times, emotional distress happens alongside physical injury. It can even be one of the effects of physical injury, like in the case of a traumatic injury.
Evidence of physical harm can strengthen your case, but in recent years it’s become less crucial. So even if the damage was entirely mental or emotional, you still have a good chance of making a case in court.
For example, a new lawsuit against YouTube tells the story of employees who’ve developed PTSD from moderating disturbing content on the video platform. These people have suffered from nightmares, panic attacks, and even loss of relationships.
Documentation and Journaling
If you keep a diary or journal of your emotional journey, this could be useful for any future court proceedings where you have to show that you’ve undergone emotional distress.
One good thing about journals is that they usually have dates. If you can piece together a timeline of your emotional distress, this can strengthen your case even further.
Get the Support You Need!
While recovering damages for emotional distress might seem like a daunting task, it can be a source of relief in the end. You might even find that you don’t have to do that much to put your case together—maybe you can think of someone who can vouch for your narrative, or you already keep a journal you can use in court.
So take the time to think over your case, and then get justice!