You might be in a situation where you are wondering about whether or not you can sue for emotional distress. The thing is that there are some very specific scenarios where compensation for emotional damages can be sought.
There might be instances where an individual’s personal rights are violated, causing physical harm and resulting in emotional distress – either for the direct victim or a close loved one of the deceased individual.
Things like these can happen in car accidents, medical accidents, or harm caused by animals.
Potential Circumstances That Can Cause Emotional Distress
Here are some examples that might cause emotional distress.
Emotional Distress Due to Disability
Suppose you have been in an accident, which led to disability. The degree of disability can have a psychological impact on your future life. Considering the circumstances of the case and the local living standards, the court might award you financial compensation as compensation for emotional damages.
Another such circumstance can arise when one’s name or image is infringed upon, which can cause emotional harm to the victim.
Loss of A Loved One Due to Negligence
Also, if the personal interests of a deceased individual are violated, it can cause emotional damage to their close loved ones, in which case, a wrongful death lawyer can help by getting the surviving loved ones compensation for their emotional distress.
Nonetheless, the surviving loved ones of a deceased also have the right to seek compensation for emotional damages.
Distress Caused by Online Bullying
If someone publishes insulting and demeaning content for commercial purposes, damaging the image of someone who is deceased – it can cause mental harm to the surviving loved ones. In this case, the surviving loved ones can hire a lawyer and take the course to court, where the court can rule an apology as well as remove the negative comments and ensure compensation for the loved ones.
Other Possible Cases of Emotional Distress
The courts in many states have recognized the right to get compensation for the damage or emotional distress that has occurred without physical contact, including the following:
- Intentional infliction of emotional distress
- Physical/ oral assault
- Parasitic emotional harm
- Emotional distress caused by negligence
- Physical illness caused by emotional distress
- Death caused by emotional distress
What Are the Steps You Can Take to Sue for Emotional Distress
You can take the following steps at the time of suing for emotional distress:
Jot Things Down As You Remember Them
Of course, you need to hire a lawyer. But you might want to keep an accurate record of the traumatic distress that you have endured. Journaling can help to keep track of what happened and when. The reason why you need to jot down everything is because humans are prone to forget. The things that you will remember today are different from the things you will remember tomorrow.
Talk to A Psychologist
You might as well want to discuss your experience with a professional, such as a therapist or a psychiatrist. The reason why you should talk to a psychologist is that the professional expert can help you process your trauma and regulate your emotions regarding what happened.
If you have forgotten parts of the event, your psychologist can help you remember through various therapies. Simultaneously, if needed, the reports can be used in court by your lawyer to help you receive compensation.
Consult A Personal Injury Attorney
The next best thing you can do is to get in touch with a personal injury attorney and tell them about the mental, emotional, and physical agony that you are experiencing. In case you are experiencing emotional distress as a result of losing your loved one, and you feel that the hospital staff caused their death, you might want to talk to a wrongful death lawyer instead.
Submit Documents
If you have been in a car accident and gotten severely injured, you can sue for emotional distress as well. However, to be able to sue the at-fault party, you must have the mandatory documents, such as a police report and medical documents, or at least a copy of them.
On that note, you should know that you should never delay getting in touch with a lawyer if you are injured. If you are in the hospital, you can video call them or ask your loved ones to make the call for you. The sooner you contact a lawyer, the better it will be for your settlement.
File An Emotional Distress Lawsuit
The next step is to take legal action, which is why you need to work closely with a personal injury attorney. The attorney can help you describe what happened in legal terms and provide you with the much-needed platform from which you can make your claims or file a lawsuit.
By working closely with a lawyer and their team, you can prove the intentional conflict of emotional distress, which is also known as IIED. Doing so is challenging because you have to prove to the jury that emotional harm was intentionally caused to you or your loved one.
The client relationship that you will form when hiring a lawyer will not only protect you but also enable you to discuss all aspects of the case openly and securely with your lawyer. With a lawyer by your side, you can also effectively navigate the insurance agents.
Prepare for Trial
Yes, you read this right. Usually, emotional distress cases are complex and often lead to a trial, which is why you should prepare for trial as well. Preparing for a trial includes collecting evidence as well as speaking to core witnesses or getting help from experts to outline what exactly happened during or after the accident.
Prepare for Settlement
Your attorney will guide you through the entire trial and settlement process as you will have to present information and answer questions. Subsequently, a jury or a judge will make the final decisions about your case.
When it comes to settlement, a settlement is typically reached between you and the at-fault person, organization, or the at-fault person’s insurance company. Also, if a settlement is not possible, you can expect the judge to issue the settlement or their final verdict based on what they have concluded from the case.
On that note, if you have experienced emotional distress, you should know that the law is on your side, and you need to work closely with the lawyer to get help.
