When it comes to personal injury cases it is up to your lawyer to prove some type of damage has occurred. Oftentimes, people usually think of this damage as being something physical, like a broken arm. However, recently emotional damages have become a viable claim. So, if you are in Farmington, Utah, or really anywhere else, and feel as though you have suffered emotional damages it may be time to pick up your phone.
Proof
Proof, this is the crux of any law case. Proof is what will get you the outcome that you desire or lack of it may result in an outcome you find disappointing. Many times, the best thing you can do is try to decide if you have enough proof by talking with a lawyer who will tell you whether or not to pursue a personal injury case. If you feel that you have suffered emotional damage then you need to prove three things; severe emotional distress, intention or recklessness and extreme or outrageous behavior from said individual or company.
Severe Emotional Distress
Severe emotional distress can be proved in a couple different ways. Sometimes if the behavior or action taken against the individual is enough to prove distress. Another way to prove this is through continued examples of anxiety or shame like going to therapy or taking medication. And the third way this can be proved is through physical injuries that resulted from the emotional distress, such as headaches or sickness.
Intention or Reckless
Whether the emotional damage resulted from another’s intent to do so or from simply being reckless in their behavior, both can be used as proof of this. Proving intention or recklessness is common in personal injury cases. If you have questions about how to do this, discuss them with your lawyer.
Extreme or Outrageous
Extreme or outrageous behavior is if the person who you are trying to prove caused emotional damages did so by acting in a manner that is not normal or to an unnecessary extreme. Professionals will be able to tailor these to fit you personally.
Sources:
http://injury.findlaw.com/torts-and-personal-injuries/intentional-infliction-of-emotional-distress.html
http://dictionary.law.com/Default.aspx?selected=620