SUING FOR EMOTIONAL AND PSYCHOLOGICAL DISTRESS: Get the Facts

Woman watching rear end car accident

Injuries aren’t always on the outside. When you are involved in an accident or you sustain an injury, the pain and discomfort you endure can go beyond just the physical. In many cases, you can suffer severe emotional harm because of what you go through. Sometimes we suffer psychological injuries, but suing for emotional distress isn’t easy, they are trickier than other types of lawsuits.

Emotional distress is categorized according to the intent of the person or company responsible for inflicting harm. There are two types of emotional distress. These include negligent infliction of emotional distress and intentional infliction of emotional distress.

  • Negligent infliction: The responsible party exhibited negligent behavior that caused distress. For instance, you might be able to sue for emotional distress if you saw an accident that killed a loved one. You must have suffered emotional issues afterwards.
  • Intentional infliction: The responsible party demonstrated outrageous behavior that caused distress. For example, your neighbor started a fire on purpose in your garage with the intent to kill you. If you started having panic attacks that led to fainting, you might have a case. In this type of situation, physical injury is a direct result of emotional distress. But if an employer screams and makes threats at an employee, this might not count as outrageous conduct. Even if it’s rude and insensitive, it might not count as emotional distress.

Talking with a Lawyer

Before you meet with your lawyer, write down your account of what happened. Take careful note of what you think caused your emotional and physical symptoms. Also, make a list of symptoms you are experiencing. An experienced lawyer would look at the gray areas to test the strength in your case and the likelihood of recovering damages.

Some examples of situations where you may be entitled to damages for emotional distress include:

  • Suffering post-traumatic stress disorder (PTSD) because of an accident
  • Experiencing depression as a result of the serious injuries you sustained
  • Developing anxiety problems as a result of the fear caused by the accident.
  • Developing insomnia because you cannot sleep due to the accident or injuries.

Our lawyers understand the difficulties these cases bring to our clients and will treat you with the utmost respect and dignity at all times. We are determined to seek justice for our clients who have been victimized and suffered from emotional damages and to address the case with a full commitment to seeking the maximum possible compensation available under law.

Give us a call today or send in our online form to learn how we can put our legal experience to work to help with your injury claim. Our initial consultations are free and confidential.

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