How Can I Prove Emotional Distress?

Here is what you need to know about filing an emotional distress lawsuit in Nevada

When you have been in an injury accident of any kind and suffered severe distress as a result of intentional or reckless behavior by another person against you, then you have a right to pursue an emotional distress lawsuit against the offender.

Suing for emotional distress requires that the actions and behaviors exhibited against you are extreme, causing you horrendous suffering, not only physically but emotionally and mentally too. This can be the result of abuse, whether sexual or physical, but it also applies to workplace retaliation. A variety of physical symptoms result from the harm done to you, which is the basis of an emotional distress lawsuit. The liability for personal injury is on the offender.

Nevada’s emotional distress lawsuits

There are two types of emotional distress lawsuits in Nevada: 

1. Intentional infliction of emotional distress: This could be harassment by an individual toward you over a long period of time, resulting in harm, injury, and long suffering. The harasser displayed willful and intentional behaviors and actions to cause you harm.

2. Negligent infliction of emotional distress: Car accidents come under this action because they rarely are deliberately caused by an offender, but rather are the result of not following the rules of the road as one example, and therefore, unintentional.

Regardless of the type of personal injury accident you’ve experienced, you know your life has changed, and now you need to find a way to protect yourself and recover. Read on to each section below to see how it can apply to your situation.

How can I prove emotional distress?

If you’ve been in an accident, you know it can affect you in more ways than one. In a split second, your life changes from the regular day-to-day routine to one filled with doctor’s appointments, financial stress, and physical pain from your injuries. All of these things can cause mental and emotional hardships for victims and family members.

However, emotional distress is a type of damage for which you can claim compensation when an accident occurs. But how do you prove emotional trauma was a result of the accident? Here’s what you need to know, explained by our Las Vegas personal injury attorneys.

What is emotional distress?

According to Medical News Today1, emotional distress is a state of mental anguish. It happens when you experience intensely negative feelings, such as worry, fear, sadness, or other mental health episodes that are so severe that they interfere with daily life. This type of stress can happen to anyone, particularly following an accident like a car accident or motorcycle crash.

Some warning signs of emotional distress include:

• Ongoing anxiety or depression
• Overwhelming fear or panic attacks
• Feeling guilty for no apparent reason
• Chronic headaches and body aches
• Insomnia
• Isolation
• Extreme fatigue
• Relying on substances to alter moods, including alcohol
• Uncontrollable crying and worrying
• Sudden weight loss or weight gain

These are not the only signs of suffering emotionally after a traumatic event. If you decide to file an emotional distress lawsuit, your doctors will provide your attorney with the correct diagnosis based on their professional analysis of your symptoms.

Can you sue for emotional distress?

Yes. When you file a lawsuit for compensation after an accident, you can recover non-economic damages, including emotional distress, in addition to economic damages, such as:

• Medical bills
• Rehabilitation costs
• Property damage
• Lost wages

However, proving non-economic damages and claiming a fair amount that represents those damages can be complex. Working with experienced personal injury lawyers can help you get the compensation you deserve for your emotional trauma.

What are emotional distress examples?

Here are some examples of emotional distress following an accident:

Depression: A pedestrian was crossing the street when she was suddenly struck by a vehicle that ran a red light. In addition to physical injuries, the victim suffered depression after the accident due to the stress of being unable to earn wages or pay medical bills.

PTSD: While driving on the highway, a semi-truck driver failed to see a car while merging into the next lane. The driver of the car was struck and forced into a barricade on the side of the road, sustaining neck injuries. As a result, the victim experiences severe anxiety attacks from post-traumatic stress disorder (PTSD)2.

Behavioral changes: A man was the victim of medical malpractice when his doctor negligently misdiagnosed his condition. After the incident, he has become intensely fearful and distrusting of others, affecting his ability to work and enjoy activities with his family.

In these cases, the victims may bring a personal injury lawsuit to recover damages, including emotional distress, within the statute of limitations.

How do you prove that you’ve suffered emotional distress?

Because distress is not something physical (although it can manifest physical symptoms), you will have to show you’re experiencing severe emotional damage in other ways. You must also prove that it is a direct result of the accident.

Your attorney may recommend the following steps to help prove emotional distress in your case:

See a professional about the problem: The best way to get help and have documentation of emotional distress is to seek medical treatment, such as cognitive behavioral therapy, from a trained professional.

Keep a journal of your symptoms and stress levels. This can also help you document the physical pain and mental suffering you endure after an accident.

Expert witnesses: Medical professionals or other experts can show how emotional trauma can negatively impact a person’s life

Family and friends’ testimony: Your spouse, close family members, or friends helping you through this crisis can testify to the emotional impact of the accident

Evidence of physical injuries: Generally, the more severe the accident, the greater your emotional trauma is likely to be. Physical injuries can help show how distressing the accident was.

Your attorney will work with you and your doctors to establish the intensity of your injuries and how they affect your mental health and routine. These professionals have the experience necessary to understand emotional trauma from an accident and how much it can impact an individual.

How are emotional distress damages calculated?

Emotional distress is generally awarded as part of a victim’s non-economic losses from an accident. Your attorney will weigh the severity of your distress and how it has affected your life to determine the compensation amount for this type of damage.

Here are some methods a lawyer can use when calculating pain or emotional distress damages:

The multiplier method: This method takes the total of economic damages in your case and multiplies it by a number between one and five. That multiplier number depends on the severity of your injuries.

Per diem method: Using this method, your attorney will designate a specific dollar amount for every day from when the accident occurred to when you fully recovered or are expected to fully recover

Every accident and outcome is different. Because of this, there is no set amount for emotional distress compensation. An experienced attorney will use the method that is most appropriate in your case and fairly represents your losses.

Can you bring an emotional distress claim if there’s no injury?

An emotional distress claim requires a physical injury or some other type of actual harm. There is no legal claim for near misses. For example, if another vehicle comes very close to striking you but manages to avoid the collision, there’s no right to compensation.

However, not all injuries are physical. An example of emotional distress cases won is the Shoen v. Amerco, Inc.3 case. The plaintiff brought a claim for negligent infliction of emotional distress. The lawsuit stated that the plaintiff suffered because of an employment contract termination.

Whether the damage is a physical injury or another type of injury like intentional infliction of emotional distress, there must be actual harm associated with the events for the victim to have a claim.

How do I win a claim for emotional distress?

If an accident emotionally damages you, you may deserve financial compensation. Emotional distress is one category of damages you can claim.

However, to win your claim, you must:

• Include the demand for compensation in your legal filings
• Prepare the evidence to show that you’ve suffered emotionally

Prove the severity of your injuries

If you were in an accident in Las Vegas, call our team of personal injury attorneys for a free consultation to see if you can claim compensation for emotional distress and other damages. We will ensure the insurance companies treat you fairly and get you the support you need.

Call the experienced lawyers at Adam S. Kutner to discuss your emotional distress lawsuit

It can be a complicated process to file a lawsuit after you’ve suffered physically, mentally, and emotionally from a severe personal injury accident. You may still be in the hospital recovering and not realize that this option exists for you to recover financial losses from the emotional distress you’ve endured. This is why we wrote this information for you to understand how you can sue for emotional distress.

We highly suggest you contact our experienced personal injury attorneys right away to let us start working on an emotional distress case for you. We can assemble all the details needed to file an emotional distress lawsuit. Adam S. Kutner’s personal injury lawyers will work to win your case and ensure you are compensated fairly.