Law
What Are Emotional Distress Damages and What Are Your Rights?
In this current area, workplace safety is of the utmost concern. In the wake of a variety of social movements, we have seen more people seeking to change their physical and emotional environment and find a solution.
Whether you are a business owner or an employee, you are entitled to a safe and productive work environment where you are valued and your contribution is important. Unfortunately, not every business administers the same level of care. If you feel wronged by your company, whether abused physically, emotionally or sexually, you can sue. Additionally, you are able to testify for personal injury and emotional distress.
Personal Injury caters to a wide selection of accidents, including emotional distress but classifying emotional injuries proves to be a difficult task. Through emotional distress, you could be entitled to receive monetary compensation. If the pain you are feeling is psychological, it is harder to explain and advocate for without the help of an emotional distress lawyer. If you have been injured at work, and you’re experiencing psychological side-effects after the event has taken place, you might be interested in making an emotional distress claim but unprepared on how to go about it. Luckily, here’s a brief explanation of what emotional distress damages are and what your rights are pertaining to receiving compensation.
What are Emotional Distress Damages?
First off, let us decipher the meaning of emotional distress damages. Effectively, emotional distress attributes to the emotional pain and damage to your psychological state as a result of the physical damages you sustained at work. As a result, these psychological damages have impacted your ability to fulfill the tasks associated with your work and thus, you need to be compensated for your injury.
Though the definition might be clear, emotional distress is subjective and differs from person to person. As a result, it can be hard to define what constitutes emotional distress because everyone feels it differently and everyone has their own definition. The lack of clarity has adversely affected how to administer compensation to valid clients.
As a litmus test, after an accident, if you experience any symptoms of anxiety, sleep loss, depression, fear, and suicidal thoughts, you might be entitled to receive compensation in emotional distress damages. Instances of emotional distress are not limited to these illnesses, nevertheless, it is in your best interest to have yourself assessed.
If you are experiencing emotional distress, you might be seeking or have found medical care. Please ensure you maintain thorough documentation of your medical assessments and various visits. Additionally, it might also be in your benefit to record interactions with your insurance provider. Your emotional distress lawyer will need all of these documents to help prove your case. The severity of your situation and how these injuries came about matters in regards to the compensation you could achieve, therefore, these documents are incredibly important. If they can prove you have experienced real psychological trauma and your case reveals real distress, you are more likely to achieve the compensation you deserve. Do not leave your medical professional without documentation. It is the foundation of your case.
So What Are One’s Rights?
If deciphering what constitutes emotional distress was difficult, understanding your rights might be even harder. While you might be entitled to emotional distress compensation, not every state accepts emotional distress as a concern, nor are they willing to divulge compensation for the psychological injuries you sustained. Many states have sought to limit the amount of compensation that can be administered to an emotional distress claim. Due to these limitations, it is incredibly important to hire the assistance of a legal professional. As such, an attorney will understand how personal injury law relates to your specific state’s laws to create the perfect argument.
As far as rights go, if your injuries are preventing you from completing work and the injuries took place within a corporate setting, you have a right to receive compensation for your personal injuries.
Unfortunately, as psychological injuries are much harder to evaluate compared to physical injuries, compensation for emotional distress becomes even harder to achieve. To combat these results, invest in an attorney. Appropriate preparation and proof alongside an effective legal claim increase the likelihood of compensation one could receive. You will need an emotional distress lawyer to help format an argument for your claims. They will also help you to know more about your rights and what you are entitled to. These professionals are educated in personal injury law, furthermore, they are equipped to mediate between your insurance provider and company to achieve the compensation you deserve.
You also don’t want to choose just any attorney to take your case. Discernment during your selection process will reveal the best attorney for you. Your attorney should boast a number of years in the field and with a wide range of experience. Additionally, you should also have a personal connection to your attorney, for you will be spending some time with them. Comfortability, openness, and honesty will provide the best results, so select an attorney you trust.
If you are still having trouble attaining the perfect legal team, the lawyers at Amaro Law can help with your claim. Their attorneys specialize in Personal Injury Law amongst other areas and boast extensive experience in the field. Since 2005, Amaro Law has been serving clients in the Houston, TX area to amazing results. If you reside in the Houston area, try giving Amaro Law a call.
After a free case evaluation, their attorneys can get to work creating your claim. If an accident at work has caused your productivity to drop exponentially or the process of rehabilitation causes you major emotional pain, contact an attorney at Amaro Law Firm. It may be the best decision you ever made. You do not need to go through this process alone. The experts at Amaro Law are here to help. As one of the premier law firms in the state and one of the most trusted, Amaro Law attorneys are the perfect partners to help assist with your personal injury and emotional distress claim.