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How Can I Prove Emotional Distress After My Injury in Illinois?

 Posted on June 11, 2024 in Personal Injury Lawsuits

Lake County, IL personal injury attorneyWhen someone is injured because of someone else’s negligence, they can sometimes sue for damages related to the personal injury. Some of these damages are economic, such as medical expenses or lost wages. Other damages are not economic, meaning they are not about compensating the victim for a financial loss. Such damages include pain, suffering, and emotional distress. An injured party can be awarded compensation for non-economic damages.

The difficulty, however, comes with proving non-economic damages like emotional distress, which is why a personal injury claim for damages is best handled by an Illinois personal injury attorney.

This article will discuss what emotional distress is and how to prove it.

What Is Emotional Distress?

In the context of personal injury, emotional distress is mental suffering over an event that occurred as a result of someone’s behavior. It can develop after a traumatic injury or other event. Signs of emotional distress include:

  • Depression

  • Anxiety

  • Insomnia

  • Listlessness, or low energy

  • Suicidal thoughts

  • Persistent worrying

  • Hopelessness

  • Social withdrawal

  • Substance abuse

  • Aggressive behavior

  • A sense of being overwhelmed

Emotional distress can include some or all of these symptoms. Someone who experiences the above signs should seek medical attention right away.

How Do You Prove Emotional Distress?

Proving emotional distress in court is all about evidence. The more documentation you can show, the better. Examples of this include:

  • Reports from a counselor or therapist diagnosing you with emotional distress

  • Bills from any professional you hired to treat your emotional distress

  • Expert witness testimony, such as from a licensed psychotherapist, saying that you are in a state of emotional distress

How Much Can I Get for Emotional Distress?

Emotional distress victims often want to know how much compensation they can get if they can prove their condition to a court. The answer to this varies because it depends on several factors:

  • The severity of your emotional distress

  • Whether a reasonable person would be suffering to the same extent as you

  • Total costs you spent on treatment

Another crucial part of getting compensated for emotional distress is how well your attorney is able to convince the court. If you hire a persuasive personal injury lawyer, your chances of receiving compensation for your emotional distress increase. 

Contact a Waukegan, IL Personal Injury Lawyer

Your case hinges not only on the strength of your evidence but on the skillfulness of your Lake County, Illinois personal injury attorney. Some attorneys can secure compensation for you even for mild emotional distress. Other attorneys do not manage to recover any damages for their clients, even if their clients are suffering severe mental anguish.

At Salvi & Maher, LLP, we are the type of attorneys who will get you the most compensation possible. We have recovered over $300 million in settlements for our clients and we have over 85 years of combined legal experience. Call us at 847-662-3303 today to have us investigate your case and build a strong claim.

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