Can You Sue for Emotional Distress in Nevada?

What Qualifies as “Emotional Distress” Under Nevada Law?

Under Nevada law, emotional distress refers to severe mental suffering and anguish. The effects of the distress must be so serious that they impact your daily life. Such effects can include everything from flashbacks and anxiety caused by conditions like PTSD, or it could mean an impact on your moods, as with depression. 

To begin a psychological injury claim in Nevada, you typically must show that you suffered non-economic losses. These can include loss of enjoyment of life, and pain and suffering. 

Although these losses don’t come with a price tag, they can have just as severe an impact on your life as financial losses can. This impact allows you to begin a Nevada personal injury emotional distress claim. 

Common Symptoms of Emotional Trauma

When filing an emotional suffering lawsuit in Nevada, you generally must demonstrate that you have experienced a number of common symptoms, such as:

• Sleeping problems
• Depression
• Anxiety
• Concentration issues
• Changes in appetite
• Intrusive thoughts
• Flashbacks
• Irritability 
• Avoidance of places

These are just some of the symptoms you could be struggling with after suffering an injury. They can come and go, affecting your daily life in unpredictable ways, which causes further distress.

Stand-Alone vs. Parasitic Claims

Many Nevada mental distress lawsuits are called “parasitic,” meaning they are filed together with the physical injury claim. Other cases of negligent infliction of emotional distress (NIED), or intentional infliction of emotional distress (IIED), can be filed on their own, without proving that there was also a physical injury. 

Because these lawsuits tend to be more complex, having a Las Vegas injury attorney assisting you is essential. You should never pursue these claims alone because of the high standards of proof you may be asked to meet. 

The Two Paths to an Emotional Distress Claim in Nevada

There are two main types of emotional distress lawsuits in the state: NIED and IIED. 

Negligent Infliction of Emotional Distress (NIED)

A negligent infliction of emotional distress claim involves the legal concept of negligence. It’s tied to another party’s conduct and must not involve reckless or intentional behavior. The plaintiff must have been in the zone of danger, meaning they were in the path of harm, even if they didn’t actually sustain physical injuries. The plaintiff must also have feared for their safety. 

Nevada NIED claim requirements include showing that the other party breached their duty of care, and that this conduct resulted in your emotional distress. Additionally, your lawyer will need to show that the trauma is serious and has some form of physical manifestation, such as visible signs of anxiety. 

It’s also possible to have only witnessed the accident and still claim that it emotionally distressed you. You can sustain car accident emotional trauma in Nevada, for example, if you witnessed a catastrophic rollover accident involving a loved one. 

Intentional Infliction of Emotional Distress (IIED)

In contrast, an intentional infliction of emotional distress claim involves you suffering because of another party’s intentional conduct. You must demonstrate that the defendant’s behavior was outrageous and extreme. 

These terms have specific meanings in Nevada, however. They can include long-term harassment, actions meant to cause emotional distress, and assaults. 

When beginning this type of emotional suffering lawsuit in Nevada, there is a higher standard of proof you must meet than with other claims. You’ll need to offer substantial evidence that the trauma you sustained makes it impossible to live your life as you used to.

Key Differences Between NIED and IIED

When filing a psychological trauma claim, understanding the key differences between these two options can make the process easier. 

Claim Type	Basis	Proof	Common Scenarios
NIED	Negligence	Proving breach of duty of care and causation	Car crashes, premises liability, and other accidents
IIED	Intentional, malicious action	Proving extreme and outrageous conduct	Assault, severe harassment

Actions, such as reckless driving, can sometimes straddle the line between NIED and IIED because the behavior requires proving that the defendant demonstrated a disregard for the safety of others. The level of recklessness and intent will play a role in determining which claim is the most appropriate. 

Building Your Case: How To Prove Emotional Trauma

Because mental anguish lawsuits have a relatively high standard when it comes to evidence, gather everything available that shows how the event impacted your mental well-being. 

A diagnosis from a medical professional helps but often isn’t enough. You must be able to show that your symptoms began after the incident so that you can prove causation. 

Medical records are an important part of emotional trauma evidence in Nevada. Include evaluations and information on any medications you take to address the symptoms. Expert testimonies are vital, too, as are statements from witnesses and even your diaries or journals. 

The Critical Role of Medical Documentation

Emotional distress medical records are especially helpful. You will need to offer notes from psychiatrists, therapists, or psychologists you have spoken with, and have proof of receiving a diagnosis. 

For example, a PTSD compensation car accident claim would require establishing when you got the diagnosis, how many times you’ve been to therapy, and what treatment plans you’re pursuing. For anxiety compensation in Las Vegas, including what medications you may have been prescribed shows that the condition is impacting you enough to require chemical assistance. 

Other Essential Evidence for Your Claim

For a Nevada mental distress lawsuit, you can also rely on your personal testimony. This means using your journals or voice notes.

Emotional trauma evidence in Nevada can include testimonies from witnesses as well. Your loved ones can vouch for you, and speak about the changes in your emotional stability. Additionally, you can rely on expert witnesses.

From expert testimony, emotional distress proof can include studies on how the type of event you went through can cause anguish. They can paint a clear picture that ties the defendant’s conduct to your suffering. 

How Much Is an Emotional Distress Claim Worth in Nevada? 

Calculating Nevada emotional distress damages is complicated. There is no simple equation that can be applied to all cases. 

Instead, insurance companies and juries look at a number of factors when deciding on emotional distress compensation in Nevada. One of these is the severity of the injury, and how long it will take you to recover from it. The calculation also involves how egregious the other party’s conduct was, and how the emotional injury impacts your life. 

The strength of the evidence you present plays a role. If you can clearly show the connection between the defendant’s conduct and your injury, that can boost your claim. 

Why You Need an Experienced Emotional Distress Attorney in Las Vegas 

Filing a claim to obtain psychological trauma compensation is not a simple process. It involves gathering substantial evidence, and using all of it to present a robust case. 

Because a mental health lawsuit in Las Vegas requires an in-depth calculation of damages that carry no obvious price tags, you need a lawyer to uncover every dollar of compensation you are owed. Not only that, but your attorney can negotiate aggressively with insurance companies that may try to minimize your suffering. 

By hiring an emotional distress attorney in Las Vegas, you can focus on healing. The right team can guide you through every step of the process so that you have a better chance of getting a fair settlement or jury verdict.  

The legal team at Adam S. Kutner, Injury Attorneys, understands the profound impact of emotional trauma. We are here to listen and fight for the justice you deserve.

Contact us today for a free, confidential consultation.

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