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How and when to Sue for Emotional Distress
Here in this post, we are discussing “How and When to Sue for Emotional Distress”. You can read more about psychology-related material on our website. Keep visiting Psychology Roots.
Despite the fact that everyone has had emotional pain at some point, it’s not always possible to sue for it.
Emotional distress
In a broad sense, emotional discomfort might be defined as simple mental anguish. On the other hand, the legal definition becomes a bit murkier. Emotional discomfort is defined differently in each state, but generally speaking it is the mental pain that results from the intentional or negligent conduct of another person. Any of the signs that you’re going through some kind of emotional turmoil are:
- Depression
- Anxiety
- Regret or Guilt
- Nightmares and/or insomnia
- Flashbacks
- Fatigue
- Migraine headaches
- Gaining or losing weight
- Uncontrollable crying
However, here is where the aforementioned legal difference becomes crucial. The critical phrase here is “induced by someone else’s activities.” Take a vehicle crash as an illustration.
- People have a responsibility to operate their vehicles in a lawful and safe manner whenever they are operating on public roadways, and this is the foundation of any lawsuit involving an automobile collision. Everyone who gets behind the wheel needs a licence and must follow the rules.
- All negligence lawsuits also need proof of a violation of duty, which is the case’s second essential element. The driver is not behaving as a rational person would under the circumstances. When someone causes an automobile accident by speeding or running a stop sign, they have committed a violation. A breach of responsibility to drive safely occurs when an individual does something that a reasonably prudent person would not do, which may or may not be in violation of the law.
- Third, there must be injury as a result of the violation of duty. Here is when the mental anguish starts to set in. Several different types of harm might occur if the automobile impacts yours after running a stop sign. You or your passengers may have been physically hurt, and you may also have experienced emotional distress as a consequence of the accident.
- It’s inevitable that injury will lead to losses. If a motorist were to strike your vehicle, for instance, they would be financially responsible for the damages and any medical care you need. Assigning monetary value to intangibles like mental anguish has also been addressed by the legal system.
Pain and suffering are terms typically used to describe the feelings of an individual who has experienced both bodily and emotional trauma. However, in some jurisdictions, suffering is only compensable if it is directly caused by a bodily injury or illness.
There is no necessary link between a physical harm and emotional suffering. Even if no one is physically hurt in a vehicle collision, the experience may nonetheless lead to post-traumatic stress disorder (PTSD), anxiety, depression, or another diagnosable mental health condition. When there is malicious intent to cause emotional distress, as in sexual assault, harassment, or defamation, a claim for damages may be filed for “emotional distress.”
Examples of Common Claims of Emotional Distress and Their Types
There are two possible bases for emotional distress lawsuits: negligent infliction of distress and deliberate infliction of distress. The use of “intentional” serves as a clue as to the primary distinction between the two classes of occurrences. Intentional emotional anguish may be grounds for legal action in specific cases.
Intentional Injury Caused by Negligence
It is clear that in the instance of the vehicle accident, pain and suffering should be taken into account with the other damages. Contrarily, let’s pretend that the accident occurred, but nobody sustained any serious injuries.
Most states require you to show that you had some kind of bodily response to someone’s negligent imposition of emotional distress, even if no physical contact occurred. You may be able to sue the driver for damages if your fear caused physical symptoms like hives or a tremble in your hand. Some states allow a case to go on with just minor difficulties like lack of appetite or difficulty to sleep, while others need more severe symptoms. In recent years, several jurisdictions have done away with the need for any physical symptoms at all.
The Bystander Lawsuit
Instances involving “bystander” negligent infliction of emotional distress are a subset of all such cases. Let’s use the accident scenario again. You were never in danger, yet you saw the vehicle strike your parents as they crossed the street. Even if you didn’t suffer any physical symptoms or personal contact, you might still launch a claim against the driver for mental distress. If you showed there shortly after, you’d find the same thing to be true. However, if you just found out about it afterwards, you wouldn’t have a case.
In the above scenario, if your closest friend were to take the place of your parents, you would not be able to initiate a lawsuit in most jurisdictions. Family members, including parents, grandparents, children, siblings, and close friends, are the most common bystanders.
Caused On Purpose
Up to this point, all of the examples of emotional harm have been accidental or careless. Causing someone emotional distress on purpose is something else entirely. Everyone would be constantly going to court if they could file lawsuits every time their feelings were hurt. To prevent this from happening, IIED lawsuits may only be brought up in the most severe and outrageous of circumstances.
The success of a claim for IIED hinges heavily on the particulars of the case and on the ability to persuade a judge or jury that the offending behaviour meets the threshold for such a finding. The worst cases of bullying or name-calling that cause anguish may be sufficient to prove a claim, but not all cases of bullying or name-calling.
Physical manifestations of distress from the abusive treatment are not necessary for an IIED claim, but they increase the likelihood of success. Notifying someone that their spouse has been in a serious accident and is hospitalised is one scenario that might give rise to a claim for IIED.
- An IIED lawsuit will fail if the spouse doesn’t buy the narrative or isn’t offended by the joke.
- An IIED claim may be successful if the spouse is very distraught and shows signs of worry and terror.
- An IIED lawsuit has a good chance of winning if the spouse is so distraught that they have a heart attack.
What Must Be Proven in a Case of Intentional Emotional Distress
You’ll need to show the following in order to establish mental anguish:
- The defendant was responsible for maintaining reasonable behaviour and avoiding excessive or extreme actions that may cause harm.
- This responsibility was broken by the defendant’s outrageous acts, which were either deliberate or careless.
- You suffered emotional and physical pain as a result of the defendant’s conduct.
For the third factor, having proof of your hardships is essential. Proof of post-traumatic stress disorder or anxiety that developed as a direct consequence of the defendant’s conduct will be particularly powerful. The bystander legislation may be applicable to IIED in certain jurisdictions. Anyone who was harmed as a result of the targeted individual’s actions may file a claim for damages, not only the target.
When might emotional distress be used as evidence in a court case?
Emotional anguish is abstract and hard to pin down. It is vital to offer as much proof as possible to support your claim, since courts and juries are not likely to want to reward someone for just having their emotions hurt.
A change in your medication or a new diagnosis from a therapist, counsellor, or psychiatrist since the event may indicate that you are experiencing emotional distress. Fitness and sleep monitors are a new source of proof that might prove to be convincing. You can see whether your heart rate or sleep habits have altered following the stressful experience thanks to the data provided by these gadgets.
Any credible evidence that supports your claim of emotional distress should be offered in court, while the specific guidelines for what will be permitted vary from state to state and even from judge to judge.
Suing for Emotional Distress: The Legal Process
Each state has its own time restriction for making a claim for mental distress, so be sure to check yours if you’re thinking of doing so. While some states have six-year statutes of limitations, the majority of them are just two or three years. You may only have a year to file in some states. Finding a lawyer you can work well with is crucial. It’s a good idea to start by asking for referrals from people you know, since many personal injury lawyers have dealt with clients experiencing mental distress. A reference from the local bar organisation is another option.
You may also want to seek the advice of other attorneys you work with, such as your estates or tax lawyers. The legal community may be particularly close-knit in certain areas.
Document Your Emotional Distress
The first stage in filing a claim for emotional distress is keeping a detailed diary of your mental and physical symptoms of stress. As was said before, you have a far stronger case if your emotional anguish has physical symptoms.
Consult a Lawyer About Filing a Lawsuit for Mental Anguish
Consult an attorney after you have collected enough proof. Whether you have proof, your lawyer should be able to tell you if you have a case or not. You may count on your lawyer to assist you in gathering further evidence and getting ready for trial.
Pretrial Procedures in an Action Alleging Emotional Distress
The next step is to submit a claim for causing emotional distress on purpose with the help of your attorney. The defendant is served papers when the lawsuit is filed, and trial preparation may then commence. Before a trial starts, the parties to a case engage in discovery. This entails the exchange of information between them via means like as depositions, documents, and written questions and answers.
Cases Involving Emotional Distress and Their Judgments and Agreements
The trial will happen when the judge schedules it. Your lawyer will argue on your behalf and give facts to back up your claim in an effort to discredit the opposing side’s case. When the attorneys on both sides have finished their presentations and the jury or judge has reached a verdict, the trial is over.
Yet, a settlement offer might be made at any moment. Even before initiating a case, you and your lawyer may attempt to negotiate a settlement with the other party. The defendant is entitled to attempt settlement negotiations at any time prior to, during, or after the trial, even while the jury is deliberating.
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