Can I Sue for Emotional Distress?
You know you can sue somebody who had intentionally or accidentally caused you physical injuries or damages. However, did you know that you can also sue for emotional distress?
Yes, you can sue a person and claim compensation for intentional or accidental emotional distress. For example, you may suffer emotional pain after an incident, like the psychological trauma from a car crash. You may even emotionally suffer without physical injuries, like in the cases of workplace discrimination or domestic psychological abuse.
However, you also have to prove your claims like physical injuries and damages. So, read on to understand your legal options against emotional distress.
Understanding Emotional Distress
Emotional distress occurs when a person psychologically suffers because of certain factors. However, in legal concepts, emotional suffering must result from negligent or intentional actions and could occur with or without physical damage.
Consider the examples below:
- Experiencing emotional distress because of the physical disabilities from a car accident
- Psychological trauma because of physical altercation
- A robber pointed their gun at a victim to cause post-traumatic stress disorder (PTSD), even without causing bodily harm.
- Emotional distress because of sexual abuse.
- Depression and anxiety because of workplace discrimination.
- Elderlies emotionally suffer because of mistreatment in nursing homes
- Verbal insult
Filing an Emotional Distress Claim
It’s challenging to take legal actions for emotional distress because you must prove something non-physical. Psychological conditions don’t show in laboratory results, but you still need to convince the court about your emotional suffering.
So, remember these points when filing an emotional distress claim:
1. Know Your Emotional Distress Condition
First, understand the emotional distress you experience.
You should know what psychological problems you have, like trauma, depression, or anxiety. It’s better to consult a psychiatrist to evaluate your psychological health.
You may also need to visit a physician as psychological issues could result from physical injuries. For example, you may suffer from depression if you can’t return to work because of a disability that resulted from an accident. In this case, you must prove your physical limitation in court.
Also, determine if your psychological condition resulted from a negligent or intentional action. It’s crucial to decide on the correct claim and get the rightful compensation. For example, you could receive punitive compensation if your emotional distress had resulted from intentional harm.
2. Gather Evidence
Collect vital evidence to support your emotional distress claim, like:
- Psychiatric evaluation and diagnosis
- Prescription receipts
- Witness statements from your family, friends, coworkers, and employer
Your evidence should prove that you are indeed suffering from emotional distress and that the defendant’s action had caused the condition.
For example, you want to sue an at-fault driver for a car crash because you have PTSD after the accident. You should thus prove you have PTSD and that the accident caused the psychological condition.
3. Consult a Lawyer
Be sure you hire a Burbank personal injury lawyer when filing an emotional distress case to get these benefits:
- Decide the best legal action for your case
- Ensure you have complete evidence
- Calculate and optimize the compensation you deserve
- Defend your case during the settlement or court trial
Besides, with your legal counsel handling the case on your behalf, you won’t get stressed through the process. That’s excellent as it gives you time to rest and recover.
Hire a Personal Injury Attorney in Burbank for Your Emotional Distress Case
Remember the legal options you have if you suffer from emotional distress because of somebody’s negligent or intentional action. You can work at making the at-fault party liable and claim the compensation you deserve.
A reliable Burbank personal injury lawyer will help win your case while you recover from psychological distress.