Emotional distress, also called “mental anguish,” is a primarily psychological injury that may be asserted in civil lawsuits. Legally, emotional distress is a state of mental suffering resulting from an incident caused by someone else’s negligence or intentional acts. Recovering damages for this type of mental injury can be challenging. Physical injuries are easier to prove and document, but emotional issues are more subjective.
Emotional issues may be characterized by self-destructive thoughts or feelings of depression, anxiety, stress, humiliation, and shame caused by a traumatic event.
Can You Sue for Emotional Distress?
- These cases of mental anguish are not easy, as you cannot physically see the harm. In Florida, the physical impact rule states that you are only able to file for emotional damages if the occurrence in question also caused you physical harm. This is to avoid the courts being bogged down by these types of cases when no physical harm took place. However, some courts have recognized a right to compensation for emotional distress claims (without physical harm) in sexual harassment or defamation cases.
- Solid documentation and expert testimony from a mental health professional may be utilized to prove a case of emotional distress and assess the appropriate range of financial damages.
- Your case may involve getting a diagnosis of depression or PTSD from a doctor or psychologist.
You must also prove that your emotional distress was the result of intentional, reckless acts of an individual who acted with extreme or outrageous conduct.
What Are the Types of Mental Anguish Claims?
There are two primary kinds of emotional distress (Mental anguish) claims.
- Negligent Infliction of Distress: This claim occurs when a defendant’s actions are accidental or unintentional. However, a causal connection between the defendant’s action and the plaintiff’s emotional distress must be shown.
- Intentional Infliction of Distress: This emotional distress claim is relevant when a defendant’s actions are intentional, deliberate, or reckless.
As discussed, proving an emotional distress claim in court is often challenging, especially if physical injury is not involved. These types of cases are also expensive to follow through due to having to find and hire expert witnesses to prove the extent of your injuries and the amount of financial compensation required for a full recovery. Consulting with a qualified and experienced personal injury attorney as soon as possible is usually the best course of action.
A competent personal injury lawyer will help you assess your case’s merits, collect the required evidence to prove the extent of your injuries, locate and hire expert witnesses and be your representative in court.
Why Attorneys are Essential
Any time another person’s negligence injures someone, they may be eligible for compensation. But the intricacies of a claim or lawsuit are hard to navigate without professional help. If you want the most favorable outcome, it helps to have professional assistance. Emotional distress claims are complicated to prove and litigate, so be sure to call for assistance as soon as possible after your injury.
Probinsky & Cole are personal injury attorneys with offices in Sarasota, Tampa, and Orlando. Our lawyers handle all types of personal injury cases, including car accidents, slip and falls, medical malpractice, product liability, and premises security. We also provide expert immigration representation. Call today to learn more.
