3 Scenarios That Can Threaten Your Emotional Suffering Claim
After an injury that has compelled you to pursue legal action with the help of a personal injury attorney, your emotional suffering will be a major topic of discussion. In injury cases, injuries often aren't solely physical. While you may indeed have physical injuries, you may also have emotional scars that aren't as quick to heal. You should know, however, that if you've had previous mental health issues, your attorney's ability to prove that a current mental health issue is the result of the injury might be difficult.
The other side's investigators can't access confidential medical records about you, but if you've ever been to court, information about your mental health may have come up — and court records are easily obtained. Here are some scenarios that may threaten your emotional suffering claim.
1. Stress Leave At Work
As the other party's investigators begin to dig into your history, they'll be eager to learn about your work history. In particular, they'll want to know if you've ever taken stress leave from your job. While the investigators won't be able to access confidential information about you, they may be able to ascertain that you've taken a long-term absence from work. This may suggest that you had pre-existing emotional suffering to some degree in your life and that any current suffering that you're experiencing isn't necessarily linked to your accident.
2. Care Of A Therapist
The investigators will also attempt to discern whether you've previously been under the care of a mental health professional for any reason. If it's determined that you have seen a therapist for various reasons, the other party's legal team may work hard to discredit you. In order words, the other attorney may suggest that you were previously under the care of a therapist for undisclosed mental health reasons and that any emotional turmoil you're experiencing after the accident was already a part of your life.
3. Use Of Medication
If you've previously been prescribed medication for mental health issues, such as getting a prescription for an anti-depression medication, this may potentially work against you in your personal injury case. As with the above issues, the other attorney will seek to show that you're already someone who has battled depression at other times in your life, making the depression that you're claiming in the wake of the injury possibly linked to what was already going on. If you've been through any of these scenarios, be sure to share them fully with your attorney.
For more information, contact a company like Kiernan Personal Injury Attorneys PA.
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