You may see emotional distress referred to as mental anguish or psychological trauma. Both fall under the category of non-physical injuries. However, plaintiffs claiming this loss should consider linking it to a physical injury to show how it caused them psychological harm.
A Marksville personal injury lawyer from our firm can advise you on how to go about claiming emotional distress as a loss in your case. You can learn more during a free consultation.
Understanding What Emotional Distress Is
Emotional distress is a claim that can be made when an individual has suffered significant psychological harm after an upsetting event. In legal cases, emotional distress can occur after experiencing someone else’s negligent or intentional actions.
It can be temporary or permanent and causes anxiety, depression, post-traumatic stress disorder (PTSD), or another mental health disorder. To successfully claim emotional distress, the claimant usually must prove the distress is severe and that it directly results from the defendant’s actions.
Symptoms of emotional distress may include:
- Persistent worry
- Tiredness
- Changes in appetite
- Withdrawal from social interactions
- Irritability or anger
- Difficulty focusing or remembering
- Sleep disturbances (e.g., insomnia)
- Challenges in maintaining daily routines
- Hopeless or helpless feelings
- Flashbacks to traumatic events
- Suicidal thoughts or self-harm
- Mood fluctuations or swings
- Substance use (drugs or alcohol)
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ClientWhen Can You Sue for Emotional Distress?
In Louisiana, you can sue for emotional distress under the broader categories of negligence and intentional infliction of emotional distress (IIED). Here’s a detailed overview:
Negligence
- Accidents: You can claim emotional distress if your psychological harm resulted from an accident caused by someone else’s negligence, such as a car accident or workplace injury.
- Medical malpractice: Emotional distress claims can arise from medical malpractice cases where the healthcare provider’s negligence resulted in severe emotional trauma.
- Physical injury: You may need to show your emotional distress be accompanied by a physical injury or symptoms that manifest physically, although there are exceptions. An attorney can advise you further.
Intentional Infliction of Emotional Distress (IIED)
- Harassment and bullying: If you have been a victim of severe harassment or bullying that caused significant emotional trauma, you may have grounds for an IIED claim.
- Assault and battery: Emotional distress claims can be made if you suffered psychological harm from being intentionally harmed or threatened.
- Defamation: False statements that damage your reputation and cause significant emotional suffering can also be grounds for an emotional distress claim.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDamages Available in Emotional Distress Personal Injury Cases
A plaintiff suing for emotional distress can recover several damages that fall into different categories. Each loss compensates for various aspects of the emotional and psychological harm suffered.
The main types of damages include:
- Medical expenses: Costs for treatment related to emotional distress, including therapy, counseling, psychiatric care, and medication.
- Lost income: Compensation for income lost due to an inability to work, reduced productivity, or job loss resulting from emotional distress.
- Future economic losses: Projected future costs related to ongoing treatment and lost earning capacity.
Non-Economic Damages
- Pain and suffering: Payment for the physical and emotional pain you endured as a result of the distress. The amount of money you can sue for pain and suffering depends on the circumstances of the situation and the severity of your injuries.
- Loss of enjoyment of life: Damages if you cannot or do not enjoy daily activities, hobbies, and life in general.
- Loss of consortium: Compensation for the negative impact on the plaintiff’s relationship with their spouse or family members due to the emotional distress.
Are Punitive Damages Available?
If the defendant’s conduct was particularly egregious or malicious, the court may award punitive damages to punish the defendant and deter similar actions in the future.
However, punitive damages are not commonly awarded in personal injury cases. They are typically reserved for cases involving gross negligence or intentional harm.
In any of the above categories, various factors can influence financial awards. These include the severity of emotional distress, the evidence presented, and the effects on the injured party’s daily life. A personal injury lawyer can help you build your case.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Evidence Can Prove Emotional Distress as a Type of Personal Injury?
If you wish to seek emotional distress as a form of personal injury in a civil lawsuit, you must have evidence to back your claim. This evidence should be accurate, consistent, and compelling to help you or your lawyer establish a strong case.
Examples of this evidence are:
- Medical records: Records showing diagnoses, treatment plans, medications, and therapy sessions from doctors, psychologists, or psychiatrists.
- Invoices, receipts: Financial records showing payments for services received for therapy, counseling, and related services.
- Expert testimony: Testimony from mental health professionals explaining the extent and impact of the emotional distress.
- Personal testimony: A detailed account from the injured person describing emotional experiences, symptoms, and daily life impact.
- Witness statements: Observations from family, friends, or colleagues on changes in behavior, mood, and overall well-being.
- Physical evidence of symptoms: Manifestations like weight changes, sleep disturbances, gastrointestinal issues, or other stress-related health problems.
- Journals or diaries: Personal documentation of emotional state, struggles, and significant events or triggers.
- Work records: Evidence of reduced productivity, absenteeism, or job loss due to emotional distress, including performance reviews showing decline post-incident.
- School records: Academic records showing declines in grades, attendance, or other issues related to emotional distress.
- Impact statements: Written details of the emotional and psychological impact on relationships, social activities, and hobbies.
- Photographs or videos: Visual evidence of changes in appearance, demeanor, or behavior over time.
- Communications: Emails, text messages, or letters documenting communications about emotional distress.
- Social media posts: Posts reflecting changes in mood, behavior, or social engagement, providing a timeline of emotional impact.
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ClientHow Can a Lawyer Help Prove Emotional Distress Occurred?
One critical area a lawyer from our firm can help in is proving how your case satisfies the four elements of negligence. These are:
- Duty of care: The defendant owed you a legal duty to act with reasonable care.
- Breach of duty: The defendant violated that duty by conducting or not conducting themselves in a certain way.
- Causation: The defendant’s breach directly caused your emotional distress.
- Damages: You suffered actual harm, such as emotional distress, that can be compensated.
Proving the elements of negligence is important because it shows that the other person’s actions caused your emotional distress, making it fair for you to get compensation. This helps the court decide who is responsible and what damages should be paid.
Other Ways Our Lawyer Can Help Prove an Emotional Distress Claim
A lawyer can help prove emotional distress by:
- Gathering evidence: Collecting medical records, therapy notes, and witness statements. Obtaining work and school records.
- Securing expert testimony: Arranging for mental health professionals to testify.
- Preparing personal testimony: Assisting clients in detailing their emotional experiences and daily life impact.
- Organizing physical evidence: Presenting evidence of physical symptoms related to emotional distress.
- Legal representation: Developing a legal strategy and representing the client in negotiations or court. They can also tell you how long it can take you to settle your personal injury lawsuit.
Call Today for Help With Proving an Emotional Distress Injury
Mental health conditions can result from an accident or incident caused by negligence. Plaintiffs generally can sue for emotional distress as a form of personal injury, but showing the connection between their physical injuries and mental and emotional trauma can help prove their case.
This can be a lot more challenging to do than it sounds. A personal injury lawyer from Laborde Earles can lead your case and take care of proving your case. To learn more during a free consultation, call or contact us online today for a free consultation.
