When it comes to personal injury cases in Tennessee, proving emotional distress can be a pivotal factor in securing a favorable verdict. Emotional distress can manifest in a variety of ways, including anxiety, depression, fear, and sleeplessness. If you have experienced emotional distress as a result of another person’s negligent or intentional actions, here are some key steps to take in proving this in court.
Table of Contents
Understand the Types of Emotional Distress
Tennessee courts recognize two types of emotional distress: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). In an NIED case, the plaintiff must prove that the defendant’s negligent actions caused them to suffer severe emotional distress. In an IIED case, the plaintiff must prove that the defendant intentionally acted in a way that caused the plaintiff to suffer severe emotional distress.
Seek Medical Treatment
Before you can prove emotional distress in a personal injury case, you must first seek medical treatment. This step is crucial because it establishes a link between the defendant’s actions and your emotional distress. When seeking medical treatment, be sure to tell your healthcare provider about all of your emotional symptoms. This documentation will be critical in proving your emotional distress in court.
Keep a Journal
Another important step in proving emotional distress is to keep a journal of your symptoms. This journal should document the date and time of each symptom, as well as its severity. Be specific about how your symptoms are impacting your life. For example, if you cannot sleep at night because of anxiety, write down how many hours of sleep you are losing each night.
Collect Evidence
Collecting evidence is essential in proving emotional distress in a personal injury case. This evidence can include medical records, witness statements, and any relevant documents. Be sure to gather any evidence that supports your claim of emotional distress.
Get Professional Help
If you are experiencing emotional distress, it is important to seek professional help. A mental health professional can provide you with the tools and resources you need to cope with your symptoms. Additionally, seeing a mental health professional will provide further documentation of your emotional distress.
Hire an Experienced Attorney
Finally, if you want to prove emotional distress in a Tennessee personal injury case, you need to hire an experienced attorney. An attorney can help you gather evidence, build a strong case, and represent your interests in court.
Conclusion
If you are suffering from emotional distress as a result of a personal injury, it is important to take the steps necessary to prove your claim in court. Remember to seek medical treatment, keep a journal, collect evidence, get professional help, and hire an experienced attorney. With these steps, you can increase your chances of securing the compensation you deserve.