Quantifying Emotional Distress and Mental Anguish

When people think about personal injury, they relate it only to the physical injuries that the victim suffered from. However, many overlook the long-term emotional distress and mental anguish that victims experience as a result of the negligence or the willful act of another. Claims adjusters tend to think that emotional stress is a trick that victims use to get more money out of their insurance company, on top of the physical injury itself. Nothing could be farther from the truth.

Emotional distress is very real, indeed, and it can have a debilitating life-altering consequences on the victims. Sufferers usually go through intense emotional periods of processing and living with the experience. Whether the injury was from an assault, a car accident, or an attack by a dog, both the physical and emotional injuries caused can change a victim’s life forever.

Emotional distress will present itself in different degrees, depending on the type of injury and the circumstances. An attorney can negotiate with an insurance adjuster compensation for emotional distress, and this is quantified by focusing on the following symptoms:

• Depression
• Guilt
• Insomnia
• Loss of consortium
• Anxiety
• Frustration

Attorneys should provide clear evidence of how the symptoms of emotional distress have affected their client. They must present specific examples of how their client has suffered—whether it’s from lack of sleep, or inability to focus on work responsibilities. The proof should show the tangible evidence of emotional distress, and the accident’s emotional toll on their client and the victim’s family.


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