Emotional distress is a frequently overlooked personal injury. Being involved in a traumatic event such as a car accident can cause tremendous emotional suffering, negatively impacting your life just as much as any physical injury. However, because emotional distress is an “invisible injury,” it can be difficult to prove when making a legal claim.
Worried about how to prove emotional distress in your Las Vegas injury claim? Get in touch with THE702FIRM Injury Attorneys today. With decades of personal injury experience and more than $112 million in total compensation recovered for our clients, our compassionate lawyers will help gather the evidence you need for a persuasive emotional distress claim. Call our office or visit our contact page for a free consultation.
What is Emotional Distress?
Emotional distress refers to the mental suffering or psychological pain that a person experiences due to an incident, accident, or traumatic event. Unlike physical injuries, emotional distress affects the mind and emotions, often resulting in anxiety, depression, or severe mental anguish. It can arise from various situations, such as:
- Car Accident
- Medical malpractice
- Intentional infliction of emotional harm
In legal terms, emotional distress is commonly used in personal injury law to describe the negative mental impact someone endures because of another person’s actions. This can include:
- Mental suffering caused by physical harm
- Psychological trauma
- Outrageous conduct
Common Types of Emotional Distress
Some common examples of emotional distress include:
- Anxiety
- Depression
- Insomnia
- Guilt or shame
- Increased stress
- Feelings of anger
- Racing thoughts
- Obsessive thoughts
- Suicidal thoughts
- PTSD
How Do I Win a Claim for Emotional Distress?
Emotional distress claims are often filed when a victim’s life is significantly disrupted by their mental suffering, and they seek compensation for the damages incurred.
To prove emotional distress in court, a person typically needs to provide solid evidence. This may include medical records, testimony from mental health professionals, or documentation of physical symptoms like panic attacks or sleep disorders. Witness statements from family members or friends who observed the impact can also be key in proving emotional distress.
There are two main types of emotional distress claims: intentional infliction and negligent infliction of emotional distress. The former occurs when someone’s outrageous conduct deliberately causes emotional suffering. The latter involves emotional distress resulting from carelessness, such as a doctor’s negligence leading to severe emotional harm.
When calculating emotional distress damages, the legal system considers the severity of the emotional pain, the duration of suffering, and its effect on the victim’s daily life. Emotional distress damages can be awarded alongside physical injury claims or as standalone compensation in an emotional distress lawsuit.
If you believe you’ve suffered emotional distress due to another’s actions, consulting an experienced personal injury attorney can help you understand your rights and pursue a claim.
Intentional vs. Negligent Infliction of Emotional Distress
A claim for emotional distress can be based on either intentional harm or negligent behavior.
Intentional infliction of emotional distress is when someone’s purposeful or reckless actions are almost certain to lead to emotional harm. This would apply in extreme cases, such as physical assaults and battery.
Negligent infliction of emotional distress is when someone did not mean to cause you harm, but their actions led to some kind of emotional distress anyway. This applies to most car accidents and other injuries that stem from someone’s careless behavior.
Evidence of Emotional Distress
Some emotional distress evidence that can be used as proof of emotional distress includes:
- Your own testimony
- Accounts from your friends and family
- Keep a journal documenting your emotional distress
- Expert testimony
- Medical records to substantiate your accompanying physical injuries
Are there Caps on Emotional Distress in Nevada?
In Nevada, there are no strict caps specifically on damages for emotional distress. Emotional distress compensation is part of what’s known as non-economic damages. These types of damages are meant to cover non-tangible losses such as emotional anguish, mental suffering, and pain resulting from a personal injury.
However, exceptions can apply in specific cases. If the emotional distress stems from medical malpractice, Nevada does enforce a cap on non-economic damages at $350,000. This limit also applies when the distress is linked to physical injuries resulting from a healthcare provider’s negligence.
In other emotional distress cases, such as intentional infliction of emotional distress, a plaintiff may recover compensation based on the severity of the emotional trauma and its impact on their life. Factors like the defendant’s conduct, the extent of the distress, and how a reasonable person might react are considered when determining compensation.
It’s important to understand that emotional distress lawsuits can be complex. In a personal injury lawsuit, the emotional suffering often needs to be linked to physical pain or other observable harm. Proving severe emotional suffering typically requires documentation, like medical bills, therapist notes, and sometimes expert testimony.
For those pursuing an emotional distress case, consulting experienced personal injury attorneys can help ensure the emotional distress compensation sought aligns with Nevada’s legal standards.
Do I Have a Case?
An emotional distress case arises when a person suffers significant psychological harm due to another’s actions. Unlike physical injuries, emotional distress is harder to prove in court. However, if you’ve endured severe emotional suffering or mental anguish, you might have a case. Understanding the basics can help determine if pursuing an emotional distress claim is the right step.
What You Need to Prove Severe Emotional Distress
To succeed in an emotional distress lawsuit, you’ll need to provide strong evidence. Proving emotional distress typically requires showing:
- The Severity of Your Emotional Trauma: This means demonstrating that your emotional pain is more than temporary or minor. Conditions like post-traumatic stress disorder (PTSD), panic attacks, or depression are often involved in these claims.
- Physical Manifestations: Courts are more likely to believe your claim if there are physical symptoms tied to your emotional suffering. Examples include headaches, stomach issues, or insomnia.
- Related Medical Treatment: Treatment from mental health professionals, medical records, and documented diagnoses can support your case.
- Impact on Daily Life: Show how the emotional distress has affected your ability to work, maintain relationships, or perform everyday tasks.
How Can THE702FIRM Injury Attorneys Help Me?
Proving emotional distress can be challenging, but it’s possible when approached correctly. Victims must present concrete evidence of psychological injuries that have significantly impacted their daily lives and overall well-being. This can include medical records, mental health evaluations, witness statements, or documentation of physical manifestations like insomnia or anxiety. It’s also important to show how the emotional trauma has altered the victim’s life, whether through difficulty in maintaining relationships, loss of enjoyment, or serious harm to their mental state.
When seeking justice for these injuries, working with experienced personal injury attorneys is essential to handle the challenging legal process. THE702FIRM Injury Attorneys can help victims build a strong case, whether it’s for emotional distress alone or alongside physical injuries. Schedule a consultation today to discuss your situation and find out how you can recover the compensation you deserve.
