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Emotional distress may be one of the most difficult injuries to prove. Unlike a broken arm or leg, there are no X-rays someone can point to, or even a scar you can display to prove your injuries.
Instead, emotional distress is largely psychological. And while the suffering can be as great, if not greater, than physical injuries, plaintiffs can have a hard time proving to a court they are entitled to damages given the difficulty of proof.
For those considering or pursuing a claim for emotional distress, here are five ways you may be able to prove your claim:
You will typically need to incorporate several of these methods in proving your claim. For example, you may want to demonstrate both the intensity and duration of your distress and provide supporting medical documentation from your doctor for the psychological pain and any related physical injuries.
If you are making a claim for emotional distress, you will want to work with an experienced personal injury attorney. Proof can be very difficult in these claims, and an attorney can help guide you through your case.