How to Prove Emotional Distress: 5 Critical Pieces of Evidence for Your Claim
Proving emotional distress is one of the most challenging aspects of a personal injury or employment lawsuit. Unlike a broken arm or a totaled vehicle, mental anguish is internal. You cannot show a jury a physical scar to prove that you suffer from debilitating anxiety, depression, or post-traumatic stress disorder (PTSD). To successfully recover damages for emotional suffering, the law requires "clear and convincing" evidence. In the United States, the burden of proof lies with the plaintiff to demonstrate that the distress is real, severe, and directly caused by the defendant's actions. Here are the five most critical pieces of evidence you need to build a winning claim. 1. Professional Medical and Therapy Records The foundation of any emotional distress claim is documentation from a licensed healthcare provider. A court will rarely accept a self-diagnosis of "stress" as a basis for a legal award. Psychological Evaluations: Records from a psychiatrist, psycho...