How Do I Know If I Am Suffering Emotional Distress From an Injury?

 Posted on July 03, 2024 in Personal Injury

When people hear the words "personal injury," they usually think about a wound or broken limb. When they think about damages resulting from the injury, they often imagine lost wages, medical bills, car repairs, or other types of economic damages.

However, little attention is given to the non-economic impacts of some personal injuries. Depending on the incident, the victim, and the circumstances, a person can suffer emotional and psychological trauma from an injury. With so much focus on recovering financial expenses, however, emotional trauma is often overlooked.

Illinois law recognizes this, which is why personal injury victims can sometimes sue for damages like emotional distress and pain and suffering. Even though these are not financial losses, a victim can be compensated for them. Emotional distress is not easy to prove, however, so make sure to hire an Illinois emotional distress lawyer to argue your case.

What Are the Symptoms of Emotional Distress?

Illinois law defines emotional distress as "significant mental suffering, anxiety or alarm." These conditions are not always apparent, so look out for these signs that you might be suffering from emotional distress:

• Having a hard time thinking or remembering things

• Exhibiting erratic behavior like bursts of anger

• Feeling hopeless or helpless

• Experiencing extreme fatigue

• Feeling unexplained guilt

• Withdrawing from people and activities

• Experiencing changes in appetite

• Sleeping too little or too much

• Having difficulty performing daily tasks

• Worrying excessively

• Crying frequently

• Abusing alcohol and/or substances

• Having suicidal thoughts

• Experiencing low energy or lethargy

• Suffering from unexplained aches and pains

Not all of these symptoms may be present. Each person is different, so monitor yourself after an injury to see if you exhibit any of the above signs. If you do, seek professional help immediately.

How Can I Prove Emotional Distress?

Emotional distress is not as easy to prove as financial damages. One of the most common ways to show you are suffering from emotional distress is to present testimony from a qualified mental health professional. You can also provide testimony from people who know you, such as friends and family. If they can testify that you began exhibiting some of the above signs after you suffered the injury, it can help your case.

Under Illinois law, you will also need to show the following:

• The behavior of the defendant — the person who caused the injury — was outrageous and extreme.

• The defendant either acted intentionally to cause you emotional distress or at least knew his or her actions were likely to cause you emotional distress.

• The defendant’s actions directly caused your emotional distress.

Contact a Bloomington, IL Emotional Distress Injury Attorney

Proving that you suffer from emotional distress is not as easy as showing a bone fracture. In some cases, however, the emotional and psychological toll caused by an injury is greater than the physical pain. Get compensated for your emotional distress by hiring an experienced Peoria, IL personal injury lawyer. At Kanoski Bresney, our compassionate attorneys have over 40 years of experience representing personal injury clients and are skilled at emotional distress cases. Call 888-826-8682 for a free consultation and to get excellent legal service today.