Most times when someone falls victim to a tragic incident caused by the wrongful actions of another person they will only seek compensation for the physical harm done to them.
A lot of people are not aware that one can actually sue and get compensation for emotional upset that is as a result of the occurrence.
Some also go about it the wrong way and end up getting underpaid or losing the case. To avoid this you need to get yourself a personal injury lawyer to help you lay your claim and get paid what you deserve.
With that said, here are some of the things that you should know about emotional distress lawyers.
What passes as compensable emotional distress?
It is important to note that not all torments are compensable. Only those that are proven to be caused by the accident or the wrongdoings of the offender will be considered.
This makes it hard at times to prove that the victim is indeed mentally disturbed by the occurrences. Where there is no physical evidence such as bruises or wounds to back-up the story it even becomes harder.
Thus it is upon you as the victim to present yourself as clearly as possible by stating how it has affected your normal way of doing things and your personality.
Having supporting documents from health officials to show how your mental health has been affected can also ease the process. That being said, some of the most common emotional turmoil that is liable to compensation include; depression, anxiety, insomnia, shock and terror.
These can be caused by traumatic experiences that leave one mentally scarred and not able to continue with their normal life as they did before.
What should you look for when hiring an emotional distress lawyer?
There are lots of law practitioners available who will be readily happy to take your case. The problem is that some are only after the money they get and won’t have your best interests at heart. This makes it necessary to be keen while choosing one to represent you to ensure that you get exactly what you are owed. Here are some of the things to consider.
- Their track record
This is basically a depiction of their reputation as far as settling of lawsuits goes. No one wants to hire a lawyer who is known for the number of cases that they have lost rather than those that they have won.
The insurance firms charged with the responsibility of paying for the damages caused by the offender are invested in parting ways with the least amount of money possible.
They have reputable practitioners on their side to fight your lawsuit thus you will need a highly competent lawyer if you are to go against them and win. Do your research well to find out the success rate of the legal representative before you trust them with your case.
To lay your claim and win you will not only need a highly competent team but you’ll also require a high level of professionalism. The lawyer has to observe all the rules and regulations regarding the proceedings.
Even a slight violation might be penalized or used against you in court and consequently cost you the case. Apart from that, they have to conduct themselves with decorum to ensure that the whole process goes smoothly.
Simple practices like always being on time to hearings or meetings might seem minor but they do count. Avoid those who have a reputation for engaging in malpractices like intimidation techniques to help them win cases.
- Their approach
It is always advisable to first try and engage two conflicting parties in a simple dialogue before taking the matter to court. This should be the first approach of the legal representative that you hire.
It saves you from all the rigorous court proceedings that might end up causing you further distress. You also get to acquire more information about the wrongdoer that might come in handy if the matter gets to court.
The lawyer has to be willing to sit down with both the offender and their insurance firm to try and reach an amicable solution while having your best interests at heart.
They have to be available at all times when needed. Ask them how their schedule is like to determine if they will have time to handle your case well.
Avoid those who have multiple pending jobs because they won’t give your case the attention that it deserves. You should be able to reach them through the phone for further consultations as need be.
If their office is located near your place the better because you will be able to hold face-to-face meetings with them and discuss them clearly.
- Level of experience
With experience comes the wisdom of knowing how to maneuver and handle different cases in the right way. Sometimes an experienced practitioner might be all that you need to win. You can trust them to get you the best deal possible.
- Payment policies & rates
Different firms might have different policies regarding payment. For instance, some charge per hour while others might require an initial deposit and a final installment after you are paid.
Others will only require you to pay them after you’ve won and have been compensated. Whichever you choose make sure that the policy suits you well and the rates are affordable. Click here to read about emotional distress damages.
It is upon you as the victim to seek compensation for the psychological injuries that have been done to you. The hardest part is finding a caring and competent lawyer who can help you claim it and actually win the case. If you choose the wrong one they might end up doing a shoddy job as long as they are getting paid. Thus it is important to go for a payment policy that includes their fee in the compensation that you are to receive. If the case is lost no one gets paid. Use the tips above to help you pick the right one.