If you have suffered stress and discomfort as a result of somebody else’s actions, then the law makes it very clear that you have the legal right to make a claim.
However, it will have to be proven that somebody else has caused you emotional distress. If you can easily prove this, such as if you have captured abuse on video or through communication platforms such as email or on social media, then you will have a strong emotional distress claim. If you believe that proving somebody has caused you distress will be challenging, then you should seek immediate legal advice from a personal injury lawyer.
Questions to ask with your emotional distress claim
When you contact a lawyer specialising in emotional distress, you should ask the following three questions so that you can become better informed about your legal rights:
1. Do I have a claim if I have no recorded physical injuries?
Many people who have suffered stress and discomfort as a result of somebody else’s actions believe that making a claim will be difficult – usually because they have no recorded physical injuries attached to them. Regardless of this, however, you have the right to make a claim if somebody else has caused you emotional harm. This means that you can make a claim for emotional damages, even if you have no physical injuries to show for it.
2. Can I claim if I suffered emotional distress from a bystander?
If you have been physically assaulted but you have suffered emotional distress as a result of a bystander’s actions, then you may have an emotional distress claim. Under the circumstances, you may be able to make a claim in the category of emotional distress experienced by a bystander. However, this is not always the case, so you should always seek legal advice from an experienced personal injury lawyer or a reputable law firm.
3. How much compensation could I be awarded?
If your stress and discomfort has led to significant hardships in your life, then it is understandable that you should want to push for the maximum amount of compensation possible, so that you may get your life back on track. When it comes to calculating pay-outs, first and foremost the extent of your injuries will be taken into account and how your injuries have and will affect your life into the future. These facts will be ascertained through a medical examination which you will attend as part of the emotional distress claim process.
In addition to these questions, you should seek clarity on how long the claims process will likely take and what your own involvement in the claims process will be.