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The challenges of proving emotional distress in personal injury cases

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The challenges of proving emotional distress in personal injury cases


Emotional distress is the mental suffering that a victim experiences as a result an accident. It’s a non-physical injury that can have significant impacts on a person’s life.

It is difficult to prove emotional distress due to its subjective nature, and strict legal requirements.

Understanding Emotional Stress

Emotional distress refers to a variety of emotional and mental effects that can result from an injury or accident. This can include anger, anxiety, sadness, depression, humiliation and shock. This can manifest as physical symptoms like headaches and stomachaches.

In personal injury claims, emotional distress can be classified as general or specific. General emotional distress refers to the overall impact on a person’s life, while specific emotional distress pertains to a specific event or incident related to the injury.

For instance, in a car accident case, general emotional distress Fear of driving, or anxiety as you approach a similar intersection can be a factor.

Specific…



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