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Emotional Distress Lawyer
Emotional suffering is harder to quantify in comparison to bodily injuries. However, the harm and influence on victims are nevertheless very real. A victim may be able to recover some of the losses incurred as a result of emotional distress by pressing a claim for emotional suffering. Continue reading to learn more about the legal consequences of suing for emotional distress.
You can sue for emotional suffering, but doing so entails navigating a difficult legal system. That is why it’s critical that you speak with a personal injury lawyer to evaluate the strength of your case and recommend the most suitable choices. Contact our team of legal experts to see how we can help you in your case.
A victim of emotional distress may seek compensation for associated losses. Continue reading to learn more about the legal consequences of filing a claim for emotional injury.
What Is Emotional Distress
Before we get into the nitty gritty of claiming for emotional distress, it’s important to understand what emotional distress is under the law. Emotional distress is an example of mental suffering or anguish caused by the negligence or intentional activity of another person. Emotional distress is considered a kind of loss that can be compensated in a civil lawsuit. This implies that you may pursue someone for emotional damage or anguish if you can back up your claims with proof.
The majority of emotional stress claims need you to have suffered bodily injury as a result of the event. However, recent decisions have allowed plaintiffs to obtain emotional distress compensation without proof of physical damage. An emotional distress claim may be filed in light of a variety of circumstances, including sexual abuse or defamation. The psychological and emotional trauma caused by such events as sexual assault or slander can be considered justifications for an emotional distress lawsuit.
How To Sue For Emotional Distress
What are the elements of emotional distress? The following are the stages of a complaint for emotional damages:
- Document Your Distress: To support your case, you’ll need to save copies of your medical records, working papers, personal diary, and so on. You might even purchase an electronic health tracker that monitors your heart rate and sleeping habits. The more documentation you have regarding your anguish, the easier it will be to win compensation.
- Discuss With An Attorney: Discuss the situation with your lawyer. Your attorney will go through all of your documents and assist you in preparing for legal action.
- File A lawsuit: An emotional distress lawsuit will be filed against the defendant in your attorney’s name.
- Pre-Trial Preparations: The defendant is served, and the discovery procedure begins, in which information will be exchanged between the two sides. The two parties might attempt to negotiate a settlement deal to avoid going to trial. Your lawyer will tell you whether or not you should accept the offer.
- Trial & Settlement: Both sides will present arguments and evidence before the court, which will then rule on the case.
Suing someone for emotional trauma might be a lengthy and difficult process. Learn how the procedure works and consult with an attorney to increase your chances of recovering compensation.
Emotional Distress Claims
There are two types of emotional distress claims:
- Negligent Infliction Of Emotional Distress: When you sue for emotional harm, you are accusing the defendant of intentionally causing you emotional pain. Note that the individual seeking emotional distress damages does not always have to be harmed in the event. If a person is only in the zone of danger and is emotionally distressed, many modern nations allow emotional distress settlements.
A parent was walking with their child when a drunk driver slammed into them and killed the kid. The emotional trauma of a parent who has lost a child may be grounds for litigation, even if they were not harmed themselves.
- Intentional Infliction Of Emotional Distress: When a person intentionally or negligently causes emotional suffering on someone else, this is known as intentional infliction of emotional distress. For example, name-calling another individual would not be considered a legal basis for a lawsuit, but continual abuse and verbal assaults might be.
Emotional Distress Evidence
Emotional distress claims are difficult to win since proof is required. Proof that you sustained emotional distress is necessary in order to sue for stress or other mental suffering. We’ve compiled a list of examples of evidence that you may utilize in your claim:
- Physical injuries: It may be straightforward to discover physical injuries caused by the incident. Ulcers, cognitive impairment, and headaches can all be indicators of emotional stress.
- Time: The more time you’ve spent in pain, the more valid your story is.
- Medical Reports: A medical examination or a psychiatric evaluation is an important component in attesting to emotional hardship. This is why it’s critical to get treatment right away after the accident.
- The Severity Of The Initial Incident: The more serious and awful the initial event, the more likely the courts will find for emotional distress.
- Testimonies: The courts will take the effects of the event into account, including testimonials from those who have been affected by it. Family, friends, physicians, or coworkers might all speak on your behalf.
Is It Hard To Sue For Emotional Distress?
While you may be able to seek compensation for emotional suffering, the process is often difficult. Because physical injuries are not always visible to the average person, symptoms of emotional distress might go undetected. This emphasizes the importance of keeping track of your experiences.
You must also make certain that your account and the accounts of others are credible. Expert witnesses may be called in to discuss your illness, which entails a significant amount of time and money. Establishing a link between your injuries and the defendant’s negligence or intent to harm you might entail a significant amount of legal research.
Texas Personal Injury Lawyers Can Help You
As you can see, seeking damages for emotional distress is feasible, but it entails navigating a complex legal system. That’s why it’s critical that you consult with a personal injury attorney to determine the strength of your case and recommend the best options. To learn how we may assist you in your lawsuit, contact our legal team immediately.
Call us at (888) 997-2148, there is no charge for your first case evaluation.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.