How Do Attorneys Prove Psychological Suffering?
| September 27th, 2021
Psychological trauma refers to the mental anguish that one party inflicts on another. There is no exclusive lawsuit for psychological trauma, but it forms an important part of personal injury lawsuits involving emotional distress. If you have suffered psychological trauma, consider enlisting the services of lawyers to help you file a lawsuit.
What Is Psychological Suffering?
According to the law, injury subjects a victim to two types of pain: emotional pain and physical pain. Therefore, in a personal injury lawsuit, the negligent party can cause both mental and physical injury. While physical injuries are easy to quantify, mental suffering can be more difficult.
If you intend to file a case for psychological suffering, your lawyer must attest that the level of trauma meets the legal threshold for mental anguish. You need to provide sufficient evidence to show that you suffered severe mental trauma to cause lasting detrimental effects.
California recognizes instances of mental anguish caused by a negligent party. The court awards damages for non-economic damages caused by the defendant willingly or unwillingly or through negligence. In this case, non-economic damages refer to non-monetary losses such as emotional distress, humiliation, loss of society and companionship, mental suffering, pain, suffering, injury to reputation, and loss of consortium.
Personal Injury Lawsuits Involving Psychological Suffering
Since there are no lawsuits for mental suffering exclusively, it is included in some personal injury lawsuits. If you intend to file a lawsuit for psychological suffering, you must show that you have suffered mentally due to the defendant’s negligence. You can file for mental trauma in any of the following personal injury lawsuits:
- Wrongful death
- Medical malpractice
- Assault
Usually, psychological suffering goes hand-in-hand with emotional distress. The jury considers the two conditions in personal injury trials. For instance, if you have suffered psychologically due to wrongful treatment, you can hire San Francisco personal injury lawyers to help you sue for wrongful treatment alongside psychological suffering.
How Will an Attorney Prove Psychological Suffering?
If you are considering filing for psychological trauma in a personal injury lawsuit, here are a few ways that your attorney can help prove your claim.
● The Intensity of Your Mental Trauma
Your lawyer will gather evidence to prove to the court that your condition was severe. The severity of mental suffering is evident if it manifests in conditions like PTSD, depression, or acute anxiety. A record showing any of these conditions can help strengthen your case.
● Evidence of Treatment by a Physician
If you have sought treatment for your condition from a licensed physician, the attorney can provide this evidence in court. The evidence of treatment strengthens your claim, and you are more likely to receive compensation. Provide your lawyer with medical records that show doctor visits, prescriptions, and any other appropriate documents showing medical intervention. If possible, your physician can provide testimony during a hearing to further support your claim.
● Duration of the Symptoms
The longer you suffer from the symptoms of mental distress, the more likely the court will consider your condition to be severe. You must provide your lawyer with all records of doctor visits from the time your psychological suffering began to reflect the extent of your condition.
● Physical Harm
Your lawyer will provide evidence showing the physical manifestation of your mental trauma. A physical injury is a more tangible measure of your suffering for the jury to assess.
The lawyer may gather information from friends, family, and colleagues to ascertain any changes in your personality. Physical manifestations of mental trauma include insomnia, body aches, extreme alertness, edginess, social isolation and withdrawal, loss of memory, and disorientation.
Do You Need a Personal Injury Lawyer?
If you are considering filing a psychological trauma case, a personal injury lawyer can support you through the process. An attorney can help you put together the required proof and present it in court in an organized manner.
Our team will talk to you about your rights and help you navigate the California legal system. If you are looking for a law firm to help you file a claim, contact Berg Injury Lawyers today for a consultation regarding your case.
