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Under U.S. law, the legal definition of emotional suffering is any mental suffering, such as all of the aforementioned symptoms, incurred as a result of a specific act of negligence or intent to harm. Within the courts, this is also known as mental anguish. The courts consider emotional suffering to be the same as physical harm, and it is thus treated the same. As a result, you may bring a civil claim for emotional distress in order to receive compensation for the damage done.
Contact Texas Personal Injury Lawyers to book a free consultation with one of our personal injury Lawyers. They’ll discuss your situation and how you can be compensated for the emotional distress you’ve endured, if applicable. Suing for emotional distress can help you recoup the money you’ve spent on medical expenses, missed income, or need to continue your treatment. Don’t let your emotional distress define you. Call us now.
How Do You File A Legal Case For Emotional Distress?
It is not always simple to sue for emotional distress. Emotional distress claims demand evidence and proving emotional discomfort damages is more difficult than demonstrating physical damage. While this makes the task a little more complicated, it is still feasible.
Filing An Emotional Distress Lawsuit
If you think you might be able to file an emotional distress lawsuit, working with an injury lawyer is strongly suggested. He or she will gather the necessary information in order to answer the key question: “can you sue for emotional trauma?” It’s time to file a claim once it’s clear that you have a legitimate case. Your attorney will guide you through the civil litigation process. If you win a verdict in your favor, or if you and the defendant come to an out-of-court settlement, you will be paid for your losses.
When You Sue For Emotional Distress: What Should I Know?
The legal emotional distress definition specifies that the victim’s mental suffering must be caused by the actions of another person. Several criteria must be satisfied for emotional damage compensation to surviving a court case. This includes:
- Intentional infliction or negligence
To prove that the defendant caused emotional suffering intentionally or through negligence, the plaintiff (victim) must establish this. The intentional infliction of emotional distress implies that the individual intended to cause misery or show reckless disregard. Negligence occurs when he or she failed to act with the level of care that a reasonable person would have used in the situation.
It is critical that you provide as much precise information and evidence as possible when pursuing compensation for pain and suffering. Victims must be able to show that they were distressed mentally. Medical records, prescription lists, testimonies from qualified medical professionals such as a therapist or psychiatrist, and so on might provide tangible proof for this assertion.
- Physical trauma
(Required in some states) In certain jurisdictions, victims seeking emotional distress damages must also have suffered physical harm as a result of the same event. If your state does not require it, you can compensate for emotional stress without there being a case of bodily injury. However, compensation for emotional suffering is more typical when bodily harm is documented.
Common Emotional Distress Lawsuits
Trauma may warrant a lawsuit in certain situations. Victims who go through a traumatic experience are frequently emotionally distressed long after the event has passed. In instances involving accidents, abuse, and neglect, emotional suffering claims are frequent. Personal injury attorneys in many cases see emotional distress claims, as the following are examples of such lawsuits:
- Medical malpractice
Patients deserve a correct diagnosis, safe therapy, and high-quality medical care. When this isn’t the case, patients are harmed. In medical malpractice suits, both patients and their families experience emotional distress damages.
- Witnessing a wrongful death
Whether it’s friends and family or a complete stranger, seeing someone lose his or her life is difficult to stomach. Wrongful death witnesses are frequently tormented with severe mental anguish, making it tough to return to normal life and work.
- Personal injury
Personal injury law encompasses a wide range of cases that reach court. Personal injury refers to any bodily, mental, or emotional hurt caused by an attack or other circumstances. In these claims, plaintiffs frequently sue for both physical and mental suffering.
- Wrongful arrests
With the numerous issues they must deal with, mental health difficulties are all too frequent. Exonerees encounter a variety of problems in readjusting to life as a result of their release. Mental health difficulties are prevalent among them because of the various challenges they confront. Victims of wrongful arrests can sue for compensatory and punitive damages to cover their suffering and any associated costs (tests, counseling, medications, etc.).
Emotional Distress After A Traffic Accident
When individuals are in automobile or truck accidents that are not their fault, they frequently have to deal with both physical and emotional injuries. Victims of catastrophic events can also develop anxiety, sadness, and post-traumatic stress disorder. This is especially prevalent in instances involving a negligent motorist.
Nursing Home Abuse
Victims of nursing home abuse and neglect were at the hands of care facility employees. This puts them at risk of a wide range of health concerns. When this happens, victims and their families have the right to file a claim for emotional distress. The emotional suffering cases mentioned above are just a few of the many examples of emotional distress litigation. Damages for mental anguish and emotional trauma can be pursued in a variety of circumstances. If you’re unsure whether your case qualifies for damages for emotional distress, get in touch with a Texas Personal Injury Lawyers immediately.
Best Practices For Emotional Distress Lawsuits
It’s critical that the victim and his or her attorneys conduct extensive research in order to win a case for emotional distress. Emotional distress terms can become muddled in court, so it’s important that you’re prepared. The following steps can help you build a stronger case and increase your chances of receiving compensation for your anguish and suffering.
Mitigate Your Damages and Losses
In personal injury claims, mitigation is often emphasized by legal experts. It’s just as important in cases involving mental distress as it is in any other type of lawsuit. Victims should get professional evaluation and therapy for their emotional suffering as soon as possible. Consult a professional to learn more about what these services might be. This may include but is not limited to, counseling, therapies, and medicines. This is crucial for your health and recovery and increases the chance of receiving compensation. Your treatment records can be used as evidence of your claim and/or trial (see below).
Report And Document The Incident
If you can, report and document the incident as soon as possible. File a claim with the Occupational Safety and Health Administration if you are emotionally damaged as a result of workplace violence, for example. Contact your local police and your insurance firm if you have been in a vehicle collision. Specific documents include detailed notes of the situation, contact information for any witnesses, and photographs at the scene. Reporting and documenting the initial cause of emotional distress may assist you in building a potential settlement claim.
Review Legal Requirements
Make sure there is at least a little possibility for an emotional distress claim before consulting an attorney. Check the definition of emotional distress, make sure it was negligent or intentional infliction of emotional distress, and see whether you have any kind of evidence (witnesses, medical records, etc.). If you meet these criteria, or if you have concerns about whether or not your case is valid, get help from an injury lawyer with your emotional distress and personal injury claim.
Work With An Experienced Emotional Distress Attorney
Working with an experienced emotional distress attorney might assist you in having a solid case. A legal representative will increase your chances of receiving full compensation for your emotional suffering damages, including the costs of therapies, drugs, and lost wages. Your lawyer will advise you on the best legal course of action, how to quantify emotional injury damages, and how to prepare for your claim and/or trial.
Gather Evidence And Testimonials
During the discovery phase, your mental agony attorney will collaborate with you to gather information. This includes documents and reports from the situation described above. A therapist or doctor that gave your mental health diagnosis should be willing to speak on the record to support your claims. Copies of records for psychiatric therapies serve as concrete evidence that the condition caused emotional anguish. If you’re the victim of a battery, your attorney may also recommend that you keep a diary to describe the impact of the event on your daily routine.
Be Aware Of The Statute Of Limitations
It’s critical that you’re aware of your state’s statute of limitations. This is the time period within which you have to bring a legal action under federal law. The Texas statute of limitations for personal injuries, for example, is two years after the event occurred. The statute of limitations is generally when the victim becomes aware of his or her injury (or emotional distress) in the case of a car accident, but each state has its own rules. A local attorney can assist you with your state’s statute of limitations.
Frequently Asked Questions About Emotional Distress Lawsuits
Emotional distress lawsuits are difficult to understand. Damages in cases of physical harm are simpler to comprehend and calculate than they are in emotional suffering caused by another individual’s conduct. Victims who have been affected by other people’s actions may be unfamiliar with how to seek justice.
The following responses to frequently asked questions about emotional distress might be of assistance.
What Is The Maximum Amount Of Compensation For Emotional Distress You May Seek In A Personal Injury Lawsuit?
Pain and suffering are difficult to measure because they are subjective. An experienced injury lawyer, on the other hand, will be able to establish and fight for compensation in your case. Emotional anguish can often qualify for both special and general damages. Because of this, pain and suffering compensation is frequently two to five times the total medical costs (treatments, medications, etc.), as well as lost income. On a case-by-case basis, the compensation might differ considerably. A victim of a traumatic brain injury is eligible for compensation if s/he suffers from persistent, severe, or incapacitating pain. These losses are determined on a number of criteria, including your total out-of-pocket expenditure, damages caps, and the severity of your suffering.
Is It Necessary To Prove That The Victim Was Physically Harmed In Order For An Emotional Distress Injury Claim To Succeed?
In some jurisdictions, emotional distress damages are only available if the physical injuries were there beforehand. In most states, people who suffer from emotional anguish as a result of another person’s intentional or negligent conduct do not need to show proof of bodily harm. However, if a physical harm was caused as well, claimants are more likely to be compensated for emotional suffering claims. The victim must also show that they were emotionally distressed.
Is it possible to sue someone for causing stress?
Suing for stress, on the other hand, has certain prerequisites that must be satisfied in order for your case to hold up in court (see above). Emotional distress claims cover instances where a strong emotional response makes it impossible to go about one’s daily activities. For example, if an employer fails to provide a safe and secure working environment, employees may be able to claim emotional trauma. This might include any number of incidents, such as sexual harassment, prejudice, and other forms of personal misconduct.
Can You Sue Your Spouse For Emotional Distress?
A spouse may be held liable for emotional suffering claims if his or her actions (by neglect or purposeful infliction) caused profound mental anguish. The basic requirements for cases involving spouses are the same as those in other emotional distress lawsuits. Many allegations have the same foundation: abuse (both physical and emotional), financial issues, and parental neglect.
Can You Sue A Landlord For Emotional Distress?
Under state law, landlords are required to make reasonable efforts to ensure that their properties are safe and inhabitable for their renters. If he or she does not do so, the tenant may have a basis to sue. If your landlord’s conduct – or lack thereof – has caused you significant emotional distress, you may be eligible to seek emotional distress damages. Emotional distress damages are sometimes available in cases involving housing discrimination, injuries caused by a landlord’s neglect, inhabitable housing, and other situations.
Can A Victim’s Family Member Seek Damages For Emotional Distress?
A person who has been wronged by another individual’s negligence might be able to sue for emotional distress. Family members have received awards of emotional distress damages in cases where they were affected by the conduct of a family member. Medical malpractice, false conviction, wrongful death, and a variety of other situations are examples of this. A member of the family can sue for emotional trauma if they are acting as the victim’s representative.
Get The Legal Help You Need For An Emotional Distress Settlement
Contact Texas Personal Injury Lawyers for a free consultation with one of our personal injury lawyers. They’ll talk to you about your case and show you how to get compensated for the emotional distress you’ve gone through. Suing for emotional distress can help you recoup the money you spent on medical expenses, missed wages, or need to continue treatment. Don’t let your emotional distress define you.
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.