Emotional distress is a real, intense experience many people suffer after a traumatic event. In some situations, another person or business may have caused the loss. If this occurs, you may be able to file a claim or lawsuit for the damages you suffer. There are a few key things to know about emotional distress, including what it is, what you can recover and how to prove it.
If you feel you have suffered emotional distress as a result of a personal injury, we encourage you to call Johnstone & Gabhart now. Our legal team will provide a free consultation to discuss your case specifically.
What Is Emotional Distress Legally?
Accidents often bring financial losses such as medical bills and lost time at work. However, they can also create incredibly high-stress levels and mental anguish. The experience of the accident may lead to panic or even depression. Some people struggle to recover, not just financially, but also emotionally due to the trauma of a traffic accident .
Emotional distress often occurs as a result of an accident. This type of claim is very commonly a part of a personal injury claim. You can recover emotional distress along with other types of damages following a crash l.
Intentional Infliction of Emotional Distress
Even if you do not suffer a physical injury, you may be able to assert a claim for “negligent or intentional infliction of emotional distress.” It means that when the defendant’s actions are either simply negligent or are extreme and outrageous, and they caused you to suffer emotional injury then you may recover damages.
Extreme and outrageous behavior is defined as any type of action which most people would find unacceptable. In an automobile or trucking accident situation, such conduct may include drunk driving, excessive speed or when a driver is evading arrest. .Even though you may not suffer physical injury, the emotional distress can be significant.
Who Can File an Emotional Distress Claim Like This?
Many people suffer emotional stress, but not everyone who suffers from it may make a claim for damages. However, if you feel as though someone caused you emotional distress, and you are suffering as a result, it is critical to contact your personal injury attorney and discuss your case. We can help you.
You may be able to recover damages in several ways:
- If you suffer some type of physical injury as a result of someone else’s actions or inactions, you can also recover for emotional distress.
- If you suffer emotional distress from negligent or the intentional infliction of emotional distress.
- If you witness death or injury of a family member or another event that was significantly traumatizing.
- If you witness some type of act in which you fear for your life or injury, and you were in what is considered a “danger zone”, or a high-risk area, where you were likely to be hurt.
If you are someone considered in a “fragile” condition , you may be able to claim more damages or claim damages more easily because you may be more susceptible to emotional injury. Examples would be an ill person, an elderly person, a pregnant woman or a child.
It is important to know that emotional distress is a real loss, but it can be hard to prove to a jury. Keep in mind it takes a skilled and experienced attorney to help in this area. We recommend not speaking to an insurance company or making a claim like this until you speak to your attorney about it.
Schedule a Free Consultation to Discuss Your Emotional Distress Claim
Emotional distress is difficult to prove, but it can be one of the most valuable components of your claim. Do not overlook the importance of protecting yourself financially from these losses. We encourage you to call us for a free consultation to discuss your case. Our team has decades of experience and a proven track record for fighting aggressively for our client’s rights. Call us now at 877-416-5457 or use our online contact form now.