It’s hard to recover damages that result in emotional distress. Unlike broken bones or an injury that’s physical, this one is harder to prove.
But, there are different types of emotional distress claims one can make before they file a lawsuit that’s based on this.
Emotional distress or mental anguish is non-physical and psychological injuries that have created civil lawsuits.
This is essentially mental suffering that happens because of experiences created by negligence, or intentional torts, usually physical.
People who experienced the trauma or even bystanders, along with relatives, might create a civil lawsuit for this, since it could make you feel shame and humiliation, insomnia, depression, destructive thoughts, anxiety and stress, and other emotional responses.
You may only be able to sue for this if this did cause physical harm, since it usually is tied into there.
Some however have recognized the emotional damages from physical harm, including sexual harassment and even defamation.
Is this Hard to Do
This can be hard, especially if you can’t prove that the injury caused you some kind of pain. For example, if you can’t say that the injury is creating chronic anxiety or depression, then it won’t be awarded by the courts.
However, a psych evaluation or even a doctor diagnosing you with this can be used as proof that the injury caused this mental distress.
Some lawyers may also be hesitant to work with you prove that you suffered emotional damages, but you also may find one that works with contingency fees.
However you must be ready to prove this claim when it happens, so you must prove that due to the action, you suffered this emotional distress.
The Zone of Danger
To make a claim for this, it must be within your “zone of danger” which is where there is possible peril from the negligence of another person. In order to recover from this, you must either have been directly injured, or in danger of injury.
For example, if you’re in a wreck due to negligent driving, you can get emotional distress due to the injuries that are suffered.
If a car hits a child, of course the family can sue for this, since they were in danger, and they were near the danger, so they can recover the distress.
When to Bring it
You should bring it within the statue of limitations. However, you should consult your attorney in order to figure out whether or not the claim is justified or not. Typically, the statute of limitations for most of the claims is usually about two years from the injury date.
The types of Emotional Distress Claims
There are a few types of emotional distress.
The first is negligence, which is when you have emotional distress because of the defendant and sometimes it’s accidental. However, there must be a connection between the actions that happened and then the emotional distress that you suffered.
In some cases, it’s intentional emotional distress, and that is considered as well a form of emotional distress too.
Do I need an Attorney?
Yeah, it’s recommended. That’s because it can be difficult to prove that you were suffering emotional distress, especially in the even that there isn’t a physical injury.
But by talking to an attorney, you can get the proof that you need to help get the best recovery possible, so you can prove that you definitely suffered from this, and you deserve the compensation that is needed to continue on.
Emotional distress is a very real thing, and it can be good to consult a personal injury attorney on it.