You can sue for emotional distress under intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED). You must prove severe distress, wrongful conduct, and causation. Laws vary by jurisdiction, and evidence is crucial.
Experiencing severe emotional distress due to someone else’s actions can be overwhelming, affecting your mental health, daily life, and overall well-being.
Unlike physical injuries, emotional distress isn’t always visible, making it challenging to prove your claim in court. You may feel powerless, unsure if the law recognizes your suffering or if you have a valid claim against the responsible party.
In this article, we explore a common question we hear from accident and injury victims in Las Vegas – can you sue for emotional distress?
What Is Emotional Distress?
Emotional distress is a psychological response to a traumatic or harmful experience caused by someone else’s actions.
It can involve anxiety, depression, fear, or other forms of mental suffering that significantly impact daily life. In legal cases, emotional distress is often considered a type of damage that victims can seek compensation for if they can prove its severity and the responsible party’s wrongdoing.
What Are the Signs & Symptoms of Emotional Distress?
Emotional distress can manifest in many ways, affecting both mental and physical health.
Common signs include:
Psychological Symptoms
Victims may experience anxiety, depression, mood swings, or overwhelming feelings of sadness. Flashbacks, nightmares, or difficulty concentrating can also be indicators of distress.
Physical Symptoms
Emotional distress often leads to headaches, fatigue, nausea, or unexplained aches and pains. Some individuals may suffer from sleep disturbances or changes in appetite.
Behavioral Changes
Withdrawing from social activities, increased irritability, or struggling with work and relationships are common behavioral signs. Some may also develop unhealthy coping mechanisms, like substance abuse.
Types of Emotional Distress Claims
Emotional distress claims generally fall into two categories: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED).
Intentional Infliction of Emotional Distress (IIED)
IIED occurs when someone deliberately engages in extreme or outrageous conduct that causes severe emotional suffering. This could include harassment, threats, or verbal abuse meant to cause harm. The key factor is intent— proving the defendant acted maliciously or recklessly.
Negligent Infliction of Emotional Distress (NIED)
NIED happens when someone’s careless actions result in emotional harm, even if they didn’t intend to cause distress. For example, witnessing a fatal car accident caused by a negligent driver could lead to lasting trauma. Unlike IIED, NIED claims require proving negligence rather than intentional wrongdoing.
Who Can File an Emotional Distress Claim in Nevada?
In Nevada, individuals may pursue a claim for negligent infliction of emotional distress (NIED) under specific circumstances. Eligible claimants include:
- A direct victim who personally suffered emotional distress.
- A bystander who witnessed an accident and had a close relationship with the victim.
- A close family member aware of both a loved one’s passing and the handling of their remains in cases of negligent mortuary services.
Under Nevada law, “closely related” refers to immediate family members, relatives by blood or marriage, or relationships demonstrating significant emotional closeness. However, friends, roommates, unmarried partners, or extended family members do not meet this legal definition and cannot claim damages as bystanders, even if they witness an accident involving someone close to them.
Examples of Emotional Distress Cases
Emotional distress can arise from various situations where someone’s intentional or negligent actions cause severe mental suffering. Common examples include:
Workplace Harassment: Persistent bullying, discrimination, or intimidation at work that leads to anxiety or depression.
Car Accidents: Witnessing or being involved in a traumatic crash, especially one resulting in severe injuries or fatalities.
Medical Negligence: is a misdiagnosis or surgical error that causes unnecessary suffering and emotional trauma.
Wrongful Death: Losing a loved one due to negligence leads to grief and long-term psychological distress.
Defamation or Public Humiliation: False accusations or damaging statements that ruin reputations and cause severe emotional harm.
Victims may be entitled to compensation for their suffering in each case.
Evidence Needed for an Emotional Distress Claim
Proving emotional distress requires substantial evidence to demonstrate the severity of your suffering and its impact on your life. Key forms of evidence include:
- Medical Records: Documentation from therapists, psychologists, or doctors showing a diagnosis of anxiety, depression, PTSD, or other conditions.
- Witness Testimony: Statements from family, friends, or coworkers who have observed changes in your behavior or emotional state.
- Personal Journal or Records: A written account detailing how the distress has affected your daily life, sleep, work, and relationships.
- Expert Testimony: Mental health professionals can provide an expert opinion on the extent of your suffering.
- Correspondence or Documentation: Emails, texts, or reports proving harassment, threats, or negligence that led to your emotional distress.
Emotional Distress as Non-Economic Damages in Personal Injury Claims
In personal injury cases, emotional distress is considered non-economic damage, meaning it compensates for suffering that doesn’t have a direct financial cost. Unlike medical bills or lost wages, emotional distress damages focus on the mental and emotional impact of an injury or traumatic event.
Victims can seek compensation for anxiety, depression, PTSD, and other psychological effects caused by car accidents, medical malpractice, wrongful death, or severe injuries. The amount awarded depends on factors like the severity of distress, duration of suffering, and supporting evidence.
Since emotional distress is more challenging to quantify than economic damages, having strong documentation such as medical records and expert testimony is essential to maximizing compensation in a personal injury claim.
The Role of an Attorney in Emotional Distress Cases
Navigating an emotional distress claim can be challenging, but an experienced attorney can help you build a strong case and fight for the compensation you deserve.
Proving Emotional Distress
An attorney gathers medical records, witness testimony, and expert opinions to demonstrate the severity of your suffering. They ensure your claim meets legal standards for IIED or NIED.
Negotiating with Insurance Companies
Insurance companies often try to downplay emotional distress claims. A lawyer advocates for fair compensation and handles all negotiations on your behalf.
Filing a Lawsuit if Necessary
If a fair settlement isn’t offered, an attorney can take your case to court, presenting evidence and legal arguments to maximize compensation.
Speak with an Experienced Personal Injury Attorney for Help
If you are experiencing emotional distress due to someone else’s actions, don’t wait to seek the justice you deserve. The experienced attorneys at Ladah Injury & Car Accident Lawyers Las Vegas are here to help you navigate the complexities of emotional distress claims. We understand the pain you are going through and will work tirelessly to secure fair compensation for your suffering.
Whether you have been affected by workplace harassment, a car accident, or another traumatic event, we are ready to fight for your rights.
Call (702) 252-0055 or contact us online to schedule a free consultation today.
