A victim of a car accident suffers 2 types of damages: economic and non-economic damages. The economic damages are straight forward and includes expenses such as medical bills, ambulance transportation, imaging exams (X-Rays, CT Scans), lost wages and other 'out of pocket' expenses. On the other hand, the victim's non economic damages also known as 'pain & suffering' includes intangible loss considerations such as emotional distress to mention a few. Since emotional distress relates to the victim's feelings, it is generally difficult to prove especially in relation to the extent of non economic damages sustained. Notwithstanding, here are my top 3 ways to prove emotional distress in car accident cases:
1. Inability to take care of children: If the victim sustained and injury that prevented them from lifting or otherwise providing physical care for their children, the victim should inform their physician or medical provider to ensure prompt documentation in the treatment notes.
2. Need to consult with other professional: Victims who subsequently had to see a dietician for eating problems or a psychologist to cope with stress or pain - caused by the accident, have an improved chance of proving emotional distress.
3. Life Disruptions: This includes anything of importance that the victim missed due to the accident such as missed school or training that requires makeup time; missed vacation especially after expenses have been incurred; canceled special event like a graduation, wedding or a conference/ seminar. The inclusion of any of these events increases the chances of a higher pain and suffering ceiling.
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