If you have been injured in an accident that was caused by someone else, you likely sought out medical attention straight away. Maybe you even got in touch with a personal injury lawyer in Knoxville, to discuss filing a lawsuit. However, you may also have dismissed the possibility that it wasn’t only a physical injury that you sustained, but a psychological one too. Emotional trauma can be tough to deal with and treating it is every bit as important as caring for your physical injuries. It is also possible for your personal injury lawyer in Knoxville, to claim additional compensation for your emotional distress.

Let’s take a look at emotional trauma and how it fits into a personal injury lawsuit.

What Is Emotional Trauma?

In a legal sense, emotional trauma also referred to as emotional distress, is any mental or emotional suffering as a result of a personal injury. It is something that goes hand in hand with physical trauma but can also be experienced on its own. Some of the common symptoms of emotional trauma following an injury might include the following:

  • Anxiety - If thinking about your accident or injury causes you to panic with additional physical symptoms such as nausea, increased sweating, and dizziness then you may be suffering from anxiety.
  • Depression - When you suffer a life-changing injury it can have a dramatic impact on your mental health. Depression often manifests as numbness and overwhelming sadness and may interfere with your ability to function in day-to-day life.
  • Memory Loss - Sometimes trauma can result in short or long-term memory loss. This can also be a sign of a traumatic brain injury, so it is important to check that out too, and determine if it has a physical or mental root cause.
  • PTSD - Many people who sustain personal injuries end up being diagnosed with PTSD, or Post Traumatic Stress Disorder, which often feels like reliving the traumatic situation. Small triggers can result in a downward emotional spiral.

If you have been experiencing these or any other symptoms of emotional trauma after an accident you must discuss it with your personal injury lawyer in Knoxville as it may have an impact on your compensation claims.

How Can a Personal Injury Lawyer in Knoxville Help?

Unfortunately, emotional trauma can be very difficult to prove as it is not a tangible injury that can be proven with x-rays or scans. However, it is a valid complaint and it can have a big impact on a personal injury lawsuit. Working with an experienced personal injury lawyer in Knoxville will make it much easier to work through the process as they can help you to handle the legal side of things while you concentrate on healing. Your lawyer can file the necessary paperwork, gather evidence, get witness testimony, and most importantly negotiate on your behalf!

When to File an Emotional Distress Claim

If you want your personal injury lawyer in Knoxville to file a claim for emotional distress, it is going to fall under the umbrella of ‘pain and suffering’. This is a type of non-economic damage. Settlements for emotional trauma are not based on quantifiable costs, instead, the figure will be at the discretion of the court, or insurance company. It is often the case that emotional trauma doesn’t manifest immediately. However, once it does raise its ugly head it is important to notify your personal injury lawyer in Knoxville as soon as possible. They can then combine it with your physical injury claims, provided that the statute of limitations has not expired.

How Do I Prove Emotional Trauma?

As noted above, proving emotional trauma can be a challenge because it isn’t something that you can see. However, that doesn’t make it any less real and it can have a life-changing impact on your mental health and overall wellbeing. Your personal injury lawyer in Knoxville will help you show the court that you have experienced emotional distress as a result of your accident so that you get the appropriate damages. Here are a few of the ways that emotional trauma can be proven in court:

  • Intensity - Your personal injury lawyer in Knoxville will attempt to demonstrate to the court the intensity of your suffering. The more intense, the better your chance of compensation for emotional trauma. Some examples of intense emotional trauma include panic attacks, agoraphobia, and night terrors.
  • Duration - If you can prove ongoing and recurring emotional trauma you will be more likely to be awarded damages for pain and suffering. For example, PTSD would be a symptom of emotional trauma that lasts for a long term.
  • Related Bodily Harm - While emotional trauma is invisible, that doesn’t mean it isn’t taking a physical toll on your body. If your personal injury lawyer in Knoxville can prove related bodily harm such as headaches, ulcers, or insomnia it may help your claim for emotional distress.
  • Medical Confirmation - One of the best ways to prove that you are suffering emotional trauma is to get a letter or doctor’s note from a doctor or psychologist who is willing to testify that you do have psychological pain in addition to any physical injuries.

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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