We suffer when we go from traumatic events. If this suffering affects you a lot, you can also seek damages legally. Hiring an emotional distress lawyer will benefit you in seeking compensation. In today’s article, we will explore how emotional distress lawyers help and how to choose one.
What Is Emotional Distress?
One feels strong emotions when going through a traumatic event. This suffering affects mental health and is called emotional distress. Emotional distress cases are considered non-economic damage as it is hard to measure the mental health impact in dollars. However, courts award compensation for this type of suffering when it significantly disrupts your life.
There are two main types of emotional distress claims:
1. Intentional Infliction of Emotional Distress (IIED):
These claims are from intentional actions or behaviour causing serious emotional suffering.
2. Negligent Infliction of Emotional Distress (NIED):
These claims are from reckless and careless actions or behaviours causing serious emotional suffering.
How Emotional Distress Lawyers Can Help You
If you have emotional distress you can seek an emotional distress lawyer who will help with the following:
1. Providing Expert Legal Guidance
An emotional distress lawyer has handled a lot of emotional distress cases. Their experience comes in handy as they will be aware of the laws in your state and how and what you will need to prove to succeed in your claim. It doesn’t matter what type of claim you file, your emotional distress lawyer will:
- Help you understand your legal options.
- Help you understand how to prove your emotional distress.
- Guide you through the process whether that is gathering evidence, settling or going to trial.
2. Gathering and Organizing Evidence
It can be difficult to prove that the emotional distress you have faced was serious and requires compensation. Emotional distress lawyers can help you with collecting evidence like:
Medical Records: Records that show details of a diagnosis or treatment of your distress or conditions related to it.
Expert Testimony: Involving a mental health professional who will support the link between the traumatic event and your suffering.
Personal Journals: Any detail from your everyday life that shows the suffering caused by the traumatic event.
Witness Statements: Testimonials from those close to you about how the traumatic event caused you suffering.
3. Navigating the Legal Process
An emotional distress lawyer can make your legal journey smoother by:
- Handling all the paperwork and filings that the court requires on your behalf.
- Meeting and negotiating with insurance companies on your behalf.
- Representing you during any depositions, mediations and even when needed, in a courtroom setting.
This support makes the journey stress-free.
4. Negotiating Fair Settlements
A higher number of emotional distress cases get settled out of court. An experienced emotional distress lawyer will know how to negotiate with the insurance companies so that you receive fair compensation. They can help you get:
- Any expenses for the treatment of your mental health.
- Wages that you lost due to the distress.
- Compensation for any pain or suffering that is severe and long-lasting.
5. Advocating for Your Rights
Your emotional distress lawyer will fight for your rights because they understand the importance of mental well-being. As they have both empathy and legal know-how, they can make sure you are heard and you receive your fair compensation.
How to Choose the Right Emotional Distress Lawyer
Finding the right emotional distress lawyer can help you get fair compensation. Here’s how you choose the best lawyer:
1. Look for Specialization and Experience
You need someone who has handled a lot of personal injury cases involving emotional distress. Ask these questions:
- How many emotional distress cases have you handled?
- Have you handled NIED & IIED cases before?
- Can you share some of your successful past cases?
2. Check Credentials and Reviews
Verify Credentials: Make sure your lawyer is licensed to practice in your state and has a good relationship with the local bar association.
Read Reviews: Look for what people in the reviews and testimonials are saying. There are websites these days like Avvo, Martindale-Hubbell and Google Reviews that give insights into the lawyer’s track record and client satisfaction.
Ask for Referrals: Reach out to your friends or family members to get recommendations for an emotional distress lawyer they or someone they know have worked with.
3. Evaluate Communication Skills
- Find a lawyer who is willing to listen to you carefully and help you understand the legal process in a simple form.
- Ensure the lawyer is prompt with communication so you can stay ahead.
- As the details of your case can be sensitive, make sure you feel comfortable with sharing them with your lawyer.
4. Inquire About Fees and Billing Practices
Before hiring an emotional distress lawyer, understand their charges:
- Many personal injury lawyers only make you pay if you win the case and don’t require any upfront payment.
- Also, understand if they take a percentage from the settlement.
- Make sure you understand all the costs and charges and there aren’t any hidden costs later on.
5. Consider the Lawyer’s Approach
Different lawyers have different strategies:
- Some lawyers like to negotiate settlements while others like taking the case to trial.
- Think about what you are after and decide on what to do next about the kind of lawyer you want.
Tips to Maximize Your Emotional Distress Claim
These are some things you can do to help your case even before you hire a lawyer:
Document Everything: Journal about your emotional state and include times, dates and other relevant details that highlight how the event has and is affecting your daily life.
Seek Medical Help: You may not have any physical injuries but consulting a therapist for your mental health can help you with supporting your claim.
Keep Records: Save all relevant records like emails, texts, etc about the incident that establish how you were harmed and how it affected you.
Educate Yourself: You don’t need to be an expert but knowing some basics of emotional distress law can help you with seeking the best next course of action.
Conclusion
Anytime you are affected by a traumatic event you can seek compensation by hiring an emotional distress lawyer who specializes in such cases. That way you are heard and you receive fair compensation for your suffering.
