Emotional Distress Claims: What They Are and How They Work

Understanding Emotional Distress Claims

Emotional distress claims are intended to compensate plaintiffs (the injured parties) for the psychological impact of an injury, which can include feelings of fear, anxiety, depression, and humiliation. These effects may be the result of a physical injury, but emotional distress claims can also arise in cases where the plaintiff did not suffer a physical injury, such as cases involving defamation or invasion of privacy.

Types of Emotional Distress Claims

There are typically two types of emotional distress claims:

1. Negligent Infliction of Emotional Distress (NIED): This occurs when the defendant’s negligent action causes the emotional distress. For instance, if a person suffers emotional trauma after witnessing a horrifying car accident caused by another’s negligence, they may bring an NIED claim.

2. Intentional Infliction of Emotional Distress (IIED): This claim arises when the defendant’s intentional or outrageous conduct causes severe emotional distress. An example might be a case of extreme bullying or harassment.

Proving Emotional Distress Claims

Proving emotional distress can be challenging as it involves demonstrating psychological harm, which is not as tangible as physical injury. However, a successful claim typically includes the following:

1. Credible Testimony: The plaintiff’s own testimony about their feelings, symptoms, and how their life has been affected can be powerful evidence.

2. Expert Testimony: A psychologist or psychiatrist can provide professional assessment of the plaintiff’s condition, linking it to the incident in question.

3. Physical Symptoms: Documenting physical symptoms resulting from emotional distress, such as insomnia, headaches, or ulcers, can lend credibility to a claim.

4. Intensity and Duration: The more intense and long-lasting the emotional distress, the more likely it is to be considered serious.

5. Underlying Cause: The court will consider the nature of the underlying incident. A traumatic event is more likely to result in serious emotional distress.

Compensation and Damages

Compensation for emotional distress is typically categorized as “non-economic damages” or “general damages.” These are damages that don’t have a clear monetary value but nonetheless have significantly affected the victim’s life. Compensation amounts vary based on the severity and duration of the emotional distress, the victim’s recovery prospects, and the circumstances of the case.

Conclusion

Emotional distress claims acknowledge that psychological trauma can be as debilitating as physical injury. Understanding the basics of these claims and working with a skilled personal injury attorney can increase your chances of securing fair compensation for your emotional distress. Always remember, your feelings matter, and you have every right to seek justice for the emotional harm you’ve suffered due to someone else’s negligence.