Stress is a fairly common reaction to different types of situations. However, when it turns to distress and interferes with someone’s ability to continue living a normal life, it’s typically a cause for concern. In addition, if the actions of someone else lead to severe emotional distress, you might be able to seek compensation for your damages. In this case, seeking advice from an emotional distress lawyer is the ideal way forward.
Does Emotional Distress Fall Under Personal Injury?
The short answer to, “Is emotional trauma considered an injury?” is yes. Personal injury law looks at emotional distress as a non-economic damage. This means it’s usually not easy to quantify emotional distress through medical bills or lost wages.
Different states across the U.S. have their own take on what constitutes as emotional distress from the point of view of filing a lawsuit. Typically, courts consider emotional distress as severe when it reaches a stage that no person should have to endure.
The factors typically at play in an emotional distress lawsuit include the intensity of the distress, its duration, its cause, and whether it has resulted in physical symptoms. For example, the longer someone suffers from distress, the higher the possibility of a court finding that it is severe.
What Are the Signs of Emotional Distress?
If you look at examples of emotional distress cases won, you will notice that they typically hinge on non-economic damages that come in the form of pain and suffering. This can include mental suffering, physical pain, psychological trauma, or anguish. What are damages due to emotional distress? Well, the list of manifestations is long, and here are the most common examples.
- Post-traumatic stress disorder (PTSD)
- Grief
- Anxiety
- Depression
- Hallucinations
- Anger/rage
- Insomnia/trouble sleeping
- Severe mood swings
- Humiliation
- Fear
- Flashbacks
- Suicidal tendencies
- Headaches
- Increased drug/alcohol use
- Loss of enjoyment or quality of life
- Survivor’s guilt
What Is Proof of Emotional Distress?
In the absence of physical injuries or symptoms, this element can be rather subjective. If you file an emotional distress lawsuit, it is reasonable to assume that you consult with a healthcare professional to receive some form of treatment. Consequently, the medical documentation can serve as vital evidence that highlights the severity of your condition.
If you file a personal injury lawsuit, you may expect your emotional distress lawyer to use the details of your treatment, however minute or broad, to fight your case. If you’re wondering how to prove emotional distress in court, it boils down to convincing a judge or jury that you have the right to get compensation for your damages.
Types of Emotional Distress
From the legal standpoint, emotional distress falls under two categories. These include intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). If you are seeking compensation for emotional distress that arises because of an automobile accident, it will, most likely, fall under NIED.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress (IIED) involves a defendant’s deliberate action or conduct. For example, it’s safe to assume that a verbal threat comes with an intention to inflict emotional distress. The elements of a case that hinges on IIED include:
- Establishing a defendant’s reckless, atrocious, repugnant, indecent, or outrageous conduct that is socially unacceptable.
- Showing that the intentional conduct disregarded the risk of causing emotional distress.
- The emotional distress is a result of the intentional conduct.
Negligent Infliction of Emotional Distress (NIED)
It might be possible to pin liability on a defendant even if you cannot establish intention, provided you can prove negligence. The elements of cases that rely on NIED include:
- The defendant owed you a duty of care.
- There was a breach in the duty of care.
- The defendant’s conduct involved more than just negligence, and was extreme or outrageous.
- The breach resulted in your suffering from emotional distress.
In both cases, your emotional distress lawyer needs to establish that your condition is severe enough to warrant compensation.
Other Commonly Asked Questions
If you look at emotional distress lawsuit examples, you’ll realize that they vary significantly in scope and size. As a result, the questions surrounding them are wide-ranging, and here are answers to some of the most commonly asked.
Can I claim compensation for emotional distress?
You might be able to claim compensation for emotional distress if your lawyer feels there is substance in your case. If your lawyer is unable to reach a settlement with the defendant, filing an emotional distress lawsuit might be the next logical step.
How much compensation do you get for trauma?
The compensation amount you stand to receive depends on various factors, one of which includes how well your case pans out at the settlement table or in court. Not surprisingly, emotional distress settlement amounts can vary significantly, from a few thousand dollars to upward of a million.
What is the statute of limitations for filing an emotional distress lawsuit?
The statute of limitations for filing an emotional distress lawsuit in New York is one year from the act for IIED and three years from the date of the accident for NIED.
How much can you sue for emotional distress in Small Claims Court?
While you may sue a defendant for up to $10,000 in an NYC Small Claims Court, you cannot sue someone for pain and suffering, which covers emotional distress. As a result, it makes sense to seek advice from a personal injury lawyer who specializes in this realm.
Conclusion
If you think you’re in a situation where you can get compensation for emotional distress, consider seeking legal advice from a trained professional. While an experienced emotional distress lawyer can tell you where your case stands, you may also benefit from the help you stand to receive when carrying out negotiations with the defendant’s lawyer or insurance company. If the negotiations don’t result in a suitable compensation amount, your lawyer can then file a case in court.