Emotional Distress Lawsuit | Emotional Distress Claims in Accident Cases
The mental anguish and emotional distress that come along with physical injury are sometimes hidden after an accident or other personal injury. In a court of law or to an insurance company, mental pain is frequently concealed from view and is frequently more difficult to quantify and demonstrate. However, psychological trauma and anxiety can have an equally detrimental effect on a victim’s life as a “physical” injury.
Can you file a lawsuit for mental distress then? What does suing for emotional distress entail? How would you define emotional distress? What procedures are involved in bringing a lawsuit? Let’s quickly discuss these topics.
Is Emotional Distress Suitable?
The gist of the matter is that it is feasible to sue for anguish. In the majority of jurisdictions, a physical injury or component of bodily harm is required for your emotional distress case. Distress is one of the initial asserted damages in some courts in cases of sexual harassment or assault.
Legal Action for Emotional Distress
There are two main categories to choose from:
- Unintentional harm
- Negligent injury
Intentional Causing of Emotional Pain
An intentional infliction claim can be made in cases where the defendant took deliberate steps to injure or suffer the victim. This includes, for instance, psychological or emotional harm brought on by recklessness, maltreatment, or bullying in the job or at school.
Negligently causing emotional pain
Negligent infliction claims are made when the defendant unintentionally causes emotional harm to the victim or the victim’s family. For instance, if an impaired driver kills a kid or an adult in a car accident, the family members of that person would experience emotional distress and would be included in the case.
How Does Filing a Lawsuit for Emotional Distress Work?
Recognizing the effects of emotional discomfort and keeping records of it.
Knowing the Effects of Emotional Damages in Accident Cases
Damages caused by emotional anguish can appear in many different forms. They range in severity and might have long- or short-term effects, for instance. Loss of sleep, despair, anxiety, dread, embarrassment, psychological problems, mental instability, and panic attacks are among the symptoms of emotional distress that are frequently observed. If your life is negatively impacted, then these effects result in damages. As a result, the bigger your damages claim is likely to be, the more intense and prolonged the anguish was.
What might be upsetting or hurtful to one individual might not be the same for another. It is helpful to evaluate the internal and external pressures when developing a case.
Verification
Don’t only think on your bodily wounds. Become thorough. The emotional, mental, and psychological symptoms you are experiencing as a result of your injury should be discussed with your doctor.
A crucial component of every successful personal injury litigation case is medical documentation. We advise you to start a journal to express your feelings and to note any changes that take place. Keep a detailed journal of how your injury affects your life and emotional health. By doing this, you and your accident attorney will be able to build a better case and “sell” the idea that you have actually experienced mental stress.
Emotional distress: What Is It?
Defining Emotional Distress
Emotional distress is defined as “mental suffering as an emotional response to an experience that develops from the influence or memory of a particular event, occurrence, sequence of events, or condition,” by the Legal Information Institute. Symptoms of emotional discomfort, such as anxiety, depression, diminished ability to execute tasks, or physical disease, can typically be used to identify it.
The degree and type of injury can have a significant impact on distress and its effects. For instance, if you are in a car accident and lose your ability to walk, you have undoubtedly experienced tremendous emotional pain as a result of your new limits.
You will frequently be able to negotiate a settlement, or obtain a court award, that includes compensation for distress and mental suffering in circumstances involving severe harm.
Actions to Take When Filing a Lawsuit for Emotional Distress
You may sue for damages if a physical occurrence has caused you to experience emotional or mental distress. The steps are as follows:
- Keep a record of your emotional state. Distress instances are challenging. You will therefore need to demonstrate emotional harm. Make sure your medical records reflect how you feel by recording it.
- Securing legal counsel. To sort out answers to inquiries and create a winning case, speak with a lawyer who focuses on U.S. civil law.
- Bring legal action. You can file the case against the defendant once you and your attorney have a strategy in place and all the relevant evidence.
- Get ready for the following step. The next step is simple if the defendant decides to reach a settlement outside of court. You will probably have a court trial if the defendant decides to contest the action. You should be able to follow this process with the help of your attorney.
Locate a Lawyer Near You Now
Accidents occur daily. We strongly advise speaking with an experienced accident attorney if you have sustained a physical injury and feel that it has also caused you stress and trauma.
Get in touch with a qualified injury accident lawyer so they can fight for you. Call 11112222 right away for a free, private consultation.