We have all had emotional distress at some point, but it is not often a feeling you can approach the court for. This piece explains the position of the law on emotional distress and how to file a lawsuit, if necessary.
What is Emotional Distress?
Generally, emotional distress is mental suffering. However, the legal definition is a bit more complicated. Emotional distress symptoms include anxiety, depression, chronic headaches, fatigue, uncontrollable crying, guilt or shame, weight loss or gain, flashbacks, and insomnia.
From the legal perspective, what matters is “caused by another person’s actions.” Let us use the case study of a car accident to illustrate some crucial points:
1. Every driver is duty-bound to drive legally and responsibly on public roads. Every motorist must be law-abiding and own a license.
2. Breach of responsibility is the second element of every negligence case. The defendant does not behave reasonably. Technically, any illegal action or doing what a reasonable person will avoid in a given instance is a breach of duty.
3. The breach of responsibility leads to injury. Here is where emotional distress takes a central place. You can suffer much damage if a car hits you through negligence or speeding. You can claim many damages in this situation; apart from your damaged vehicle, you and other occupants may suffer harm, leading to mental suffering.
4. The fourth element is the damage the harm caused. When the motorist hits your car, experts can quickly determine the value of the damaged vehicle and medical bills. However, courts are responsible for assigning value to emotional distress.
In situations like the scenario above, where mental suffering accompanies physical injuries, emotional distress is called “pain and suffering.” Some states only pay compensation for pain and suffering related to illness or physical harm.
In addition, you can also sue for emotional distress when the defendant attempted to create it through acts such as defamation, harassment, and sexual abuse.
Types of Popular Emotional Distress Claims
The primary forms of emotional distress are based on intentional and negligent infliction of emotional distress. “Intentional” is the main difference between the two. It means if someone intentionally causes you emotional pain, you can file a lawsuit against them.
Negligent Infliction
In the car accident scenario, there is undoubtedly an issue of pain and suffering, even if no one had a physical injury. To claim negligent infliction of emotional distress in many jurisdictions, you must have some form of physical reaction, even without physical contact. If the scare from the incident led to breaking out in hives or developing a tremor in your hand, you could seek compensation from the defendant.
The need for physical symptoms differs by state because some allow the case to proceed if the signs are negligible, like insomnia or loss of appetite. However, some states have recently discarded the need for physical symptoms.
The Bystander Lawsuit
The “bystander” case type is a subset of issues for negligent infliction of emotional distress. The accident scenario is handy here: you were not in the intersection when the motorist went through and had no personal threat to your life, but you saw the motorist hit your parents when crossing the street.
Here, you could institute a lawsuit against the motorist for inflicting emotional distress on you without any physical contact or injury. You can still sue the driver even if you arrived immediately after the incident. However, the rule changes if you only heard about it.
The bystander lawsuit does not apply to one’s best friend in many states—they are often limited to family members.
Intentional Affliction
It is an entirely different case if someone intentionally causes you mental anguish. If the law permits individuals to sue others anytime they upset them, we will be in court now. Hence, the court cautiously confines Intentional Infliction of Emotional Distress (IIED) to extreme and outrageous conduct.
The specific facts of a case largely influence an IIED claim and how convincing you are to the judge or jury. Negligible instances of name-calling or bullying are insufficient to make a claim, but extreme cases will work well. Though not necessary, physical reactions to the bullying or cruelty will make an IIED claim more valid.
Things You Need to Prove When Suing for Intentional Infliction of Emotional Distress
To establish emotional distress, you must be able to prove that:
• The defendant had the responsibility to act reasonably and not to act dangerously likely to cause emotional distress
• The defendant violated the duty through reckless or intentionally dangerous acts
• The defendant’s actions caused you harm and distress
It is essential to document all your sufferings to win the third element. Diagnoses for anxiety or PTSD that occurred after the incident will make your case convincing.
Some states also use the bystander law for IIED.
Qualifications for Emotional Distress Evidence in a Lawsuit
By nature, emotional distress is intangible. Courts are hesitant to award an individual mainly because of hurtful feelings. Hence, it is essential to provide convincing proof for your claim.
Document all noticeable changes and new diagnoses you observed after seeing therapists, psychiatrists, and counselors because of the incident. Sleep trackers or fitness is a relatively recent form of persuasive evidence. These devices show changes in your sleep patterns and heart rate since the accident.
Steps to File an Emotional Distress Lawsuit
Remember that every state has its statute of limitations; act swiftly if filing a claim. Find a trustworthy and competent lawyer to help you in this journey. Specifically, work with someone who has handled similar cases in the past.
Below are steps to file an emotional distress lawsuit:
1. Document Your Emotional Distress: The first step to suing for emotional distress is documentation of your stress and physical signs. Remember that physical manifestations make your case more valid.
2. Consult with a Reputable Lawyer: Meet with a personal injury attorney after gathering your evidence. The legal luminary will review your proof and determine if you have a strong case. They can also help you gather more evidence and enlighten you about the court process.
3. Engage in Pre-Trial Preparations: Your lawyer will guide you on how to file a compensation claim for intentional infliction of emotional distress. After that, the court will serve the defendant to kick-start the trial preparations. Before the trial begins, discovery (the exchange of information between two parties) will occur. They will exchange written questions and answers, documents, and depositions.
4. Trial and Settlements in an Emotional Distress Matter: The trial will take place on the date the court gives. Your lawyer will present a superior argument to the defense. The process will end after the jury or judge has issued a verdict.
However, there may be a settlement offer at any time. You and your lawyer should approach the defendant for settlement before filing any case.