Emotional distress, also known as pain and suffering, can arise from incidents that cause psychological impact such as trauma from accidents or the anxiety associated with medical malpractice.

An injury lawyer begins by clarifying the client's understanding of their rights to claim for emotional distress under their insurance policy and local law. The lawyer informs the client about what constitutes emotional distress, the complexities involved in proving it, and the potential recovery they may receive.

The lawyer then collaborates with the client to assemble evidence supporting the claim. This evidence could include medical or psychiatric records, testimony from mental health professionals, and documentation of therapy or counseling sessions. Personal journals detailing the client's emotional journey could also be beneficial.

When the insurance company challenges the claim or suggests an inadequate settlement, the lawyer steps in to advocate for the client. This could involve presenting further evidence to substantiate the client's emotional distress or leveraging the testimony of mental health experts to validate the client's experience.

Should negotiations fail to yield a satisfactory settlement, the lawyer is ready to present the case in court. Though litigation is typically viewed as a final recourse, in certain instances it becomes necessary to secure the client's rightful compensation for emotional distress.

The lawyer's role is multifaceted, combining legal expertise with empathy to navigate the client through the process of claiming for emotional distress. It's essential to understand that each case presents its own unique challenges, which will shape the strategies and steps the lawyer employs to advocate for their client.