We all have faced emotional distress, but it is not always feasible to sue for the same. In this article, we shall discuss how the law handles emotional distress and the steps necessary to file an emotional distress lawsuit. So, we aim to answer your question: can you sue for emotional distress?
What Is Emotional Distress?
Emotional distress is generally defined as mental suffering. The legal definition of the same is more complicated. Moreover, the language tends to vary from one state to another. However, the basic definition of emotional distress is mental suffering caused by someone else’s actions. This is either on purpose or by accident.
Symptoms Of Emotional Distress
Here are some symptoms of emotional distress mentioned below.
- Depression
- Anxiety
- Shame or guilt
- Flashbacks
- Insomnia or nightmares
- Chronic headaches
- Weight gain or loss
- Uncontrollable crying
Legal Definition of Emotional Distress
The legal distinction comes in this very matter. The matter, “caused by someone else’s actions,” is crucial in such circumstances. So, let’s use a car accident as an example.
- The first element of a car accident case is that individuals must drive legally and safely on public roads. Moreover, anyone who makes use of a vehicle must be licensed and must obey the traffic laws.
- The second element of all negligence cases is breach of duty. Moreover, the driver does not behave like a reasonable individual might have in such a circumstance. Similarly, in the case of a car accident, the breach happens when the individual speeds or runs at a stop sign. Generally, any law violation will be a breach of the duty to drive safely. But a breach of duty occurs by doing anything a reasonable individual wouldn’t have done.
- The third element in such a case is that the breach of duty causes harm. This is where emotional distress comes into play. So, if a car runs a stop sign and hits your car, various damages can arise. Moreover, your vehicle shall be damaged. Similarly, you or your passengers are injured and might experience mental suffering as a result.
- Finally, the harm causes damage. When the driver hits your car, the cost of repairs and medical treatment can be assigned a value. Moreover, courts have also determined ways to assign value to mental suffering.
You must note that emotional distress does not always amount to physical harm. Emotional distress is known as pain and suffering.
It can also be tied to post-traumatic stress disorder (PTSD), anxiety, depression, and other kinds of mental distress that can arise from car accidents where no physical harm was caused.
When Can You Sue For Emotional Distress?
Suing for emotional distress is only possible within certain circumstances. Here are some instances when you can sue for emotional distress.
Emotional Distress From Physical Injury
Suing for emotional distress with severe physical injury is pretty standard. For instance, if you were seriously hurt in a car accident caused by a drunk or dangerous driver. Then, you’re likely to be entitled to compensation for emotional distress.
Intentional Infliction of Emotional Distress (IIED)
You have the right to sue for IIED when someone intentionally engages in outrageous conduct. This must have caused extreme emotional suffering. For instance, these can include racial insults, threats of violence, stalking, and discrimination based on one’s sex.
Negligent Infliction of Emotional Distress (NIED)
NIED lawsuits tend to arise when another’s negligence causes you severe emotional distress. This can occur due to physical injuries or when witnessing another getting injured or killed. In such cases, unlike a bystander lawsuit, the breach of duty will impact you directly.
Bystander Lawsuit
Some states in the US will allow you to recover compensation if you have witnessed a traumatic event as a bystander. Moreover, this might have been a car accident, severe assault, or any other kind of incident.
However, whether you have a case can depend on various factors, including the event’s severity and how closely you are related to the victim.
What Are The Ways To Prove Emotional Distress In Court?
Can you sue for emotional distress? Yes, you absolutely can. But how will you prove it?
Here are a few ways you can prove emotional distress in court:
1. Direct Testimony
If you are the victim of Emotional Distress, you can directly provide your own testimony in front of the court.
You must describe all your experiences and the pain you felt throughout your journey.
Now, this definitely won’t be easy because you might feel like you are reliving the traumatic experience all over again.
Additionally, your description must also include the specific actions or incidents that caused the distress.
Therefore, you have to directly address the root causes that had a major emotional and psychological impact on you.
2. Testimony With Expert Witness
All the professional mental health experts, such as psychiatrists, can offer expert testimony. This will support the claim.
Additionally, they can perform a close evaluation of the plaintiff. Then, they can provide their professional advice on the severity and nature of the distress.
Also, they can give their judgment on its causes. In fact, some also insist on studying any long-term effects.
3. Medical Records
You can ask for all the important documentation and medical reports from the healthcare providers.
You must ensure that these have a certain relevance to the extent of distress caused emotionally.
Additionally, these records must clarify how it was diagnosed and what sort of treatment the victim went through.
In addition, it also needs to showcase any therapy sessions, if attended.
Also, if there is any other medical evidence that can be a good support for this claim, you must present it too.
4. Corroborating Witnesses
The victim can also ask his/her friends, family, or acquaintances, who witnessed their journey through the emotional distress, to offer their testimony.
This makes the plaintiff’s case even stronger.
Can You Sue For Emotional Support: Steps To File A Claim Properly
Based on the respective state you live in, the process and laws may vary a little.
But to file a claim for emotional distress, this is more or less the same outline.
1. Decide On Your Claim
First, figure out if your situation fits into Intentional Infliction of Emotional Distress (IIED) or Negligent Infliction of Emotional Distress (NIED).
For IIED, the person you’re claiming against must have intentionally acted in a harmful way.
NIED happens when their negligence causes you emotional pain.
2. Consult A Lawyer
Emotional distress claims can be complicated, and it’s tough to calculate the compensation you may deserve.
It’s helpful to talk to a lawyer early on.
3. Gather Evidence
Collect documents like medical records and diagnoses to show your emotional suffering.
Witness statements and personal journals can also be useful. Remember, all evidence will be shared with the other party.
4. File A Lawsuit
Emotional distress claims are civil cases, not criminal ones.
Your lawyer will start the lawsuit by filing a complaint in civil court.
This document will describe your claims and what damages you are seeking.
5. Undergo Negotiations And Discovery
Many cases settle before going to trial. During discovery, both sides share evidence.
This is often when a settlement is reached to avoid a trial.
6. Go To Trial
If your case doesn’t settle, it will go to court. A judge or jury will decide the case and determine any compensation you may receive.
Final Thoughts
Now, you have a fair understanding of how you can sue for emotional distress. Make sure you have an experienced personal injury attorney by your side before you decide to file a lawsuit to compensate for your emotional suffering—best of luck.
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