Understanding the nuances of a personal injury claim is absolutely crucial if you’re considering legal proceedings after an accident. A personal injury claim is a type of legal dispute which arises when one person suffers harm from an accident or injury that someone else may be legally responsible for. This essentially means you are asserting that another party’s actions, or lack thereof, caused damages to you.
The incidents that can lead to a personal injury claim vary, but most often include car accidents, slip-and-falls at a business, injuries due to medical malpractice, and more.
Physical Injury Typically Isn’t Required For A Claim
Contrary to what many people may believe initially, sustaining physical harm isn’t necessarily required for initiating and successfully pursuing a personal injury lawsuit. The crux of these claims hinges on proving that real harm occurred due to another party’s actions – which can include emotional injuries and does not have to be accompanied by physical injuries.
You’re More Likely To Recover Damages If You Have a Physical Injury
While a physical manifestation of harm is not a prerequisite for filing or winning a personal injury claim, having physical injuries can certainly strengthen your case. The main reason for this is that it’s often easier to demonstrate and quantify the extent and impact of physical pain and injuries when compared to intangible injuries such as emotional distress.
Physical injuries are generally associated with concrete medical evidence in the form of doctor’s reports, X-rays, or other diagnostic tests — all of which provide clear proof that you have been harmed. This evidence can help illustrate to insurance companies, judges, or jurors the severity and veracity of your individual experience.
It’s also unfortunate but true that the culture we live in often undermines the impact of mental and emotional injuries. While society is starting to recognize and understand these types of damages better than before, they still might not be considered as impactful or credible as physical injuries.
Evidence Needed To Show Emotional Injuries
Proving emotional injuries is more subjective and challenging than demonstrating physical harm, but it is not impossible. Here are types of evidence that can be used to back up your claim:
Although you might not have a broken arm or any physical signs of injury to show, mental health professionals can provide insights into emotional distress. Regular visits to a psychologist or psychiatrist can corroborate the fact that you are suffering from stress-related disorders such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Your own account of the psychological impact that the event has had on your life carries weight in these cases.
Testimony from Friends and Family
Statements from the people closest to you about visible changes they’ve observed in your behavior since experiencing the trauma helps demonstrate the continual struggle you’re facing after the accident.
Maintaining records about how you fееl on a day-to-day basis also serves as tangible еvidеncе of your damagеs – it maps out progress/regression over timе and reveals dеtails related to your wеll-bеing.
Showcasing physical or еmotional injuriеs duе to an accidеnt caused by another’s nеgligеncе is critical in substantiating a compelling pеrsonal injury claim. Though proving non-physical damagеs tends to bе morе challеnging, it is possiblе with thе right еvidеncе and assistance from an experienced Fresno personal injury attorney. Don’t try to handle this on your own; contact us today to schеdulе a frее consultation.