How To Claim Post Accident Emotional Distress In British Columbia
When an accident victim meets with a lawyer, he or she generally finds it easy to part to the injured body parts, the evidence of harm done by the defendant. Yet proving emotional distress can present more of a challenge. Here are some signs of emotional distress:
• Victim struggles to go to sleep.
• After managing to go to sleep, the same victim has nightmares.
• Victim becomes angered quickly.
• Victim is easily frustrated.
• Victim becomes anxious for no identifiable reason.
• Victims can get on track towards development of a depressive disorder.
What evidence is needed to prove emotional distress?
Documents of statements that show that the victim’s level of anxiety, depression or frustration lasted for an extended period of time. In addition, it helps if the doctor’s report indicates that the altered sleeping patterns persisted for a prolonged period of time.
The above evidence might be supported by the findings from a psychological evaluation. Testimony from friends, neighbors or co-workers verifying a change in the victim’s personality after the accident.
A journal in which the victim has documented his or her feelings and sleep patterns in the weeks and months that followed the distressing incident. An examination of that journal should reveal what had taken place during the period leading up to any reported feeling or any night that was filled with nightmares, or with tossing and turning.
The lawyer’s role
The ICBC Lawyers in Richmond must show how the emotional distress disrupts the victim’s life, including his or her time in the workplace. A good attorney should be able to seek out an expert on human resources, someone that recognizes the need for teamwork within the workplace setting. Obviously, a distressed worker cannot do a good job of contributing to the established team.
In other words, an employee suffering emotional distress would be as poorly qualified as someone that had a huge physical handicap. Of course, employers lack the ability to arrive at a means for making-up for that handicap. By highlighting that fact, an attorney should be able to drive home the financial consequences of the distressing accident.
Faced with the evidence of such consequences, a jury would have reason to give the plaintiff a sizeable award. In other words, the lawyer’s strong and insightful argument would help the plaintiff to win a fair compensation. Of course, the same lawyer would receive a good-sized contingency fee for his or her efforts.
In addition, an attorney should explain the prescribed treatment for the sort of disorders that are brought on by emotional distress. There is a treatment, but it can take weeks or months for the available treatment to prove effective. During that time, the recovering victims usually lack the ability to function as wage-earners.