Emotional distress lawsuits can often be a more complicated case in the realm of personal injury since the damage is not physical, but rather mental or emotional. However, as a victim, you do have the right to file an emotional distress lawsuit. At Roth & Khalife, LLP, we specialize in personal injury cases, including emotional distress. In this blog, we’ll cover when you may have an emotional distress lawsuit on your hands, how to go about it, and how a personal injury lawyer can help.
What Is Counted as Emotional Distress?
Emotional distress, also known as mental anguish or psychological injury, is a significant component of many personal injury claims. It refers to the psychological harm and suffering experienced by an individual as a result of a traumatic event or negligent actions of another party, such as following a car accident or workplace incident.. Emotional distress can manifest in various forms and may include:
1. Depression and Anxiety
Victims may experience persistent feelings of sadness, hopelessness, and worry, leading to clinical depression or anxiety disorders.
2. Fear and Shock
Traumatic events can induce intense fear, shock, or terror, often resulting in nightmares, flashbacks, and heightened sensitivity to triggers associated with the incident.
3. Post-Traumatic Stress Disorder (PTSD)
Individuals exposed to traumatic events may develop PTSD, characterized by intrusive thoughts, avoidance behaviors, hypervigilance, and emotional numbing.
4. Anger and Irritability
Victims may struggle with feelings of anger, irritability, and frustration, particularly towards the party responsible for their injuries or the circumstances leading to the traumatic event.
5. Loss of Enjoyment
Emotional distress can diminish an individual’s ability to find joy or pleasure in activities they once enjoyed, leading to social withdrawal and isolation.
6. Physical Symptoms
Psychological distress can manifest in physical symptoms such as headaches, gastrointestinal issues, muscle tension, and fatigue, exacerbating the overall impact on an individual’s well-being.
7. Impaired Functioning
Severe emotional distress can impair cognitive function, memory, concentration, and decision-making abilities, affecting an individual’s daily functioning and quality of life.
8. Relationship Strain
Emotional distress can strain personal and interpersonal relationships, leading to conflicts, breakdowns in communication, and feelings of alienation or disconnection from loved ones.
In personal injury cases, emotional distress damages seek to compensate victims for the psychological harm endured due to the defendant’s negligent or intentional actions. Proving emotional distress often requires evidence such as medical records, therapy sessions, witness testimony, and expert opinions to establish the severity and impact of the psychological injury on the victim’s life.
When Can I File an Emotional Distress Lawsuit?
If you’ve been experiencing any of the above symptoms following an incident, you may be wondering if you have a case. So, when can you file an emotional distress lawsuit? Here are some indications:
Severity of Emotional Harm
Emotional distress lawsuits typically involve significant psychological injuries, such as severe anxiety, depression, PTSD, or other mental health conditions, that significantly impact your daily life and well-being. If you have experienced profound emotional suffering due to the actions of another party, you may have grounds for a lawsuit.
Causation
It’s essential to establish a clear link between the defendant’s actions or negligence and the emotional distress you have suffered. If you can demonstrate that the defendant’s conduct directly caused or contributed to your psychological injuries, you may have a valid claim for compensation.
Witness Testimony or Evidence
Witness testimony, along with documented evidence of the distressing incident or its aftermath, can strengthen your case. This may include eyewitness accounts, medical records, therapy notes, or any other documentation that supports your claims of emotional harm.
Legal Standards
Emotional distress claims must meet certain legal standards to be considered valid. This often involves proving that the defendant’s conduct was extreme or outrageous and that it resulted in severe emotional distress beyond what a reasonable person would typically endure in similar circumstances.
Professional Evaluation
Seeking professional evaluation and diagnosis from mental health professionals, such as psychologists or psychiatrists, can provide objective validation of your emotional distress symptoms. These professionals can assess the nature and severity of your psychological injuries, which can bolster your legal claim.
Consultation with Legal Experts
Consulting with experienced personal injury attorneys at Roth & Khalife, LLP is crucial for evaluating the strength of your emotional distress claim. Legal experts can review the details of your case, assess its merits, and provide informed guidance on the best course of action to pursue justice and compensation.
Navigating the complexities of emotional distress lawsuits requires a thorough understanding of legal principles and procedures. With the support and advocacy of seasoned attorneys at Roth & Khalife, LLP, you can assert your rights, hold negligent parties accountable, and pursue fair compensation for the emotional harm you have endured.
Types of Emotional Distress Lawsuits
Another clear indication of whether you have a valid emotional distress lawsuit is if it matches the description for the different categories of emotional distress cases. These include:
Negligent Infliction of Emotional Distress: Where the defendant’s careless actions result in significant psychological harm to the victim. This could involve a range of scenarios, such as a car accident caused by reckless driving, medical malpractice leading to severe emotional trauma, or a workplace accident due to employer negligence.
Intentional Infliction of Emotional Distress: In cases of intentional infliction of emotional distress, the defendant deliberately engages in extreme or outrageous conduct that causes severe psychological harm to the victim. This could include instances of bullying, harassment, stalking, or other malicious behaviors intended to cause emotional distress.
These categories are crucial in determining fault and liability in emotional distress lawsuits, as they help establish the legal basis for your claim. By identifying the type of emotional distress you have suffered and how it relates to the actions of the defendant, you can build a compelling case for compensation.
How to Prove Emotional Distress in New York
Proving emotional distress in New York, or any jurisdiction, typically requires demonstrating that the distress is severe, genuine, and directly attributable to the defendant’s actions or negligence. While emotional distress claims can be complex and subjective, there are several key elements and strategies that can help strengthen a case. As your legal guide, here is the evidence that our attorneys at Roth & Khalife, LLP, will look for when working on your case:
Documented Symptoms: It’s essential to document the emotional symptoms experienced as a result of the distress. This may include feelings of anxiety, depression, fear, humiliation, or trauma. Keeping a journal detailing these symptoms, their frequency, and their impact on daily life can provide valuable evidence.
Medical and Psychological Evaluations: Obtaining professional evaluation and treatment from medical doctors, therapists, or psychologists is crucial. Medical records and expert testimony can corroborate the existence and severity of emotional distress, as well as establish a causal link between the distress and the defendant’s actions.
Corroborating Evidence: Collecting corroborating evidence to support your emotional distress claim is vital. This may include witness statements, emails, texts, or other documentation that demonstrate the defendant’s conduct or the circumstances leading to the distress.
Impact on Life: Showing how the emotional distress has impacted various aspects of your life is persuasive. This could include disruptions in sleep patterns, appetite changes, social withdrawal, relationship strain, or interference with work or daily activities.
Proving Causation: Establishing a causal connection between the defendant’s actions or negligence and the emotional distress is essential. This requires demonstrating that the defendant’s conduct was a direct and foreseeable cause of the distress, without which the distress would not have occurred.
Expert Testimony: Expert testimony from mental health professionals, psychiatrists, or psychologists can be instrumental in explaining the nature and extent of emotional distress, as well as its impact on the individual’s well-being. Experts can also help validate the legitimacy of the distress and its connection to the defendant’s conduct.
Documenting Damages: In addition to the emotional toll, documenting any financial losses or out-of-pocket expenses incurred as a result of the emotional distress, such as medical bills or therapy costs, strengthens the claim for compensation.
Adhering to Legal Requirements: It’s essential to comply with New York’s legal requirements for emotional distress claims, including statutes of limitations and procedural rules. For intentional infliction cases, the statute of limitations is 1 year from the act, while it’s 3 years for negligent cases. Consulting with an experienced attorney who understands New York’s laws and court procedures is advisable to navigate these complexities effectively.
These pieces of evidence are crucial to obtaining compensation and justice for your emotional distress. Consult with the attorneys at Roth & Khalife, LLP, to talk about your case.
Struggling with Emotional Distress After an Incident? Contact Us Today
If you’re experiencing emotional distress after an incident due to someone’s negligence or intentional infliction, you may be entitled to compensation through an emotional distress lawsuit. It’s important to gather evidence of the impact on your life, establish causation, seek expert testimony, document damages, and adhere to legal requirements in order to build a strong case.
At Roth & Khalife, LLP, our experienced attorneys can help guide you through the process and fight for the justice you deserve. Contact us today for a free consultation.