In cases of injuries caused by a car accident, a victim`s ability to suffer damage for emotional distress depends on the severity of the physical injuries, as well as the type of insurance coverage assumed by the drivers involved. At FindLaw.com, we are proud to be the leading source of free legal information and resources on the Internet. Contact us. — also known as emotional harm, psychological distress, psychological distress, mental disorder, mental distress Those who seek an emotional distress lawyer to help them in their case have suffered a severe emotional response due to the actions of another party. The victim may have suffered from suicidal thoughts, depression, guilt, anxiety, and/or panic as a result of the other person`s actions. The victim may then want to sue the other party for the misery the other party has caused, and so the victim could seek a lawyer for bodily harm or emotional distress for help. Let`s take the following example of emotional distress: Are you a lawyer? Visit our professional website » It should also be noted that all cases of negligent infliction of emotional harm do not involve violence or danger. In the hospitals of the Mollien Foundation v. Kaiser, doctors misdiagnosed syphilis in a patient. This led the patient to suspect that her husband was having an extramarital affair that eventually led to the breakdown of her marriage. When it turned out that the diagnosis was incorrect, the patient`s husband sued the hospital for negligent inflicting emotional stress. The court ruled that the risk of emotional harm to the husband from the misdiagnosis was foreseeable and therefore held the hospital liable. [14] Other examples include a defendant who repeatedly harassed the plaintiff late at night to collect a debt, causing her to have a heart attack,[5] and a meter reading aggressively requiring access to an apartment where a pregnant woman was bedridden, resulting in miscarriage.

[6] In one case, a woman brought an action for emotional damages against the estate of a man who was invited to her home and who committed suicide in her kitchen. The court found the defendant`s behavior outrageous and recklessly unaware of the risk of inflicting emotional stress on his hostess, who suffered a nervous shock when she found the body and a kitchen knife in a pool of blood. [7] www.alllaw.com/articles/nolo/personal-injury/emotional-distress-damages.html There are two main questions that the court will ask to decide a lawsuit for negligently inflicting emotional suffering. First, has the applicant demonstrated that he or she has suffered serious emotional harm? Because allegations of psychological harm can be subjective, many jurisdictions require that psychological harm be accompanied by physical symptoms such as nausea, headaches or another physical manifestation of psychological trauma. However, the modern trend is to allow recovery even without physical symptoms. [10] Proving the presence and extent of emotional stress usually requires validation by a physician such as a therapist or psychologist. A special case involving the intentional infliction of emotional harm is the case of passers-by. Usually, a defendant can only be held responsible for emotional distress if he intended to inflict suffering on a particular person. If a school principal insults a student in an outrageous way, the student`s girlfriend cannot complain of emotional distress because she was not the target of the behavior.

However, the law recognizes an exception in the case of an immediate family. If the defendant intentionally injures someone while the victim`s family member is watching, the parent can recover from the emotional wound they suffered while witnessing the injury if the defendant knew the family member was present. For example, a gang that attacks a father in front of his son may be held responsible for both the father`s physical injury and the psychological trauma the son suffered. Some authorities allow one to recover from emotional stress even in cases where the viewer is a stranger, when he is present and witnesses an act of violence against others and suffers physical injuries as a result. [9] Under this rule, a person who shoots another person in public may be held responsible for intentionally inflicting emotional stress on all persons present and witnesses to the shooting and who thus became physically ill. Tort law protects individuals from harm resulting from the misconduct of others. While we usually associate tort claims with damage to people or property, the law also recognizes emotional or psychological harm as a specific form of injury. This realization was the result of historical development as society increasingly understood the severity and long-term consequences of psychological injuries.

Symptoms of emotional stress are similar to the symptoms a person experiences when going through depression or a medical condition associated with anxiety. Some of the most common symptoms of emotional stress are: Because the definition of offensive behavior is inherently subjective, the courts have set high standards for making a claim for the intentional infliction of emotional harm. To succeed, the plaintiff must prove that the defendant intentionally or recklessly engaged in extreme and outrageous behavior that caused severe emotional distress to another person. [2] Those trying to prove emotional stress may choose to hire a lawyer because emotional stress is one of the most difficult – if not the most difficult – legal claims that must be proven. If you suffer a physical injury, it is easier to prove it because of the bruises or fractures you have suffered. It is much harder to prove that you have had suicidal thoughts or extreme anxiety. Let`s take these elements one by one. First, the behavior must be deliberate or reckless. A person may be held responsible for inflicting emotional stress if they intended to cause stress or if they inappropriately ignored a high risk of stress. Albert Snyder, Matthew Snyder`s father, sued the WBC, along with two of the daughters of Fred Phelps, the Church secretary, for intentionally inflicting emotional stress, among other things. He claimed that the WBC`s actions made him cry, get angry and become nauseous to the point of vomiting. He also claimed that the WBC`s actions led him to remember the terrible events that took place during his son`s funeral every time he thought of his son.

Several experts also testified that the WBC`s actions worsened Snyder`s depression and diabetes. Steve may be able to sue for emotional distress because of the fear and anger he felt at the thought of police breaking into his home in the middle of the night to arrest him for a crime he hadn`t committed.