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How do you prove severe emotional stress?

On Behalf of | Jan 12, 2022 | Serious Personal Injury

Massachusetts residents who have suffered serious personal injuries that were caused by another party have cause for filing a lawsuit. Serious emotional distress is a damage that’s difficult to prove, but there are tips that can help.

What are the different types of emotional distress?

Emotional distress suffered at work allows you to file a lawsuit against your employer to recover damages. It’s often difficult to prove that you have suffered emotional distress. There are two types that can occur. Both can significantly impact your daily life. Negligent infliction of emotional distress or NIED means that your employer violated their duties or behaved negligently in causing your condition.

Intentional infliction of emotional distress or IIED occurs when the employer’s actions or conduct was extreme or outrageous and directly led to your condition. This type of emotional distress is inflicted deliberately or recklessly.

What’s needed as proof of serious emotional distress?

In order to have a successful lawsuit for emotional distress, you have to provide certain pieces of proof. One of them is when your symptoms first started and their duration. A doctor can provide proof in the form of a letter and your medical records.

When your symptoms are intense, it shows that you have suffered damages. The more intense they are, the more likely you are to get a favorable outcome in your case and better compensation awarded for it.

Serious emotional distress isn’t only emotional and psychological, but it also results in physical symptoms as well. You may suffer from gastrointestinal issues, migraines, panic attacks, insomnia, weight loss or weight gain. Physical symptoms on top of your emotional distress show the severity of your condition.

The cause of the emotional distress can be proven in your case. Whether it stemmed from constant harassment or bullying in the workplace or you were retaliated against for making a complaint, the court will consider the cause.

You may also need expert medical testimony in your case to prove your emotional distress.