Can I Sue for Emotional Distress?

Can I Sue for Emotional Distress?

When you file an insurance claim for damages, you expect to be taken care of. After all, you have been paying your premium consistently and expect to be covered when an accident occurs. In the event that the insurance company denies your claim after an accident, it can add to the stress you are already dealing with. This can also add to your emotional distress. Insurance companies should provide payment for all losses you suffer, including emotional distress. If they do not, you may have the option to sue them. Talk to The Barnes Firm today.

What Qualifies as Emotional Distress 

Emotional distress encompasses various losses you can suffer, such as emotional trauma, mental anguish, or pain and suffering. These are intangible losses that result from injury cases. They do not have receipts, so it can be challenging to prove and calculate them. 

These losses fall into the noneconomic damages category of your injury claim. Other intangible losses fall into this category. These losses are not any less damaging to your life than tangible ones. Additional losses in this category include:

• Disfigurement 
• Medical complications leading to future suffering 
• Long-term ailments like chronic pain 
• Other long-term impacts on your quality of life 

These damages are more challenging to calculate because they impact individuals differently. Our team of personal injury lawyers at The Barnes Firm will discuss how your injury affects your emotional well-being and life in order to calculate your emotional distress losses accurately. 

Symptoms of Emotional Distress

Car accidents can cause insurmountable pain and emotional suffering for victims and their families. If you experience the following symptoms, after a car accident, it can be a sign that you me be suffering from emotional distress:

• Flashbacks 
• Hallucinations 
• Post-traumatic stress disorder 
• Suicidal thoughts 
• Headaches 
• Sleep issues 
• Fear of driving (amaxophobia) 
• Increase in alcohol or drug use

You may find ways to cope by accessing mental health resources through your health insurance or community resources. While these resources can help you cope, they have financial requirements that you should get reimbursement for. 

Who is Eligible to Sue for Emotional Distress 

Primarily, the person who was in the accident and suffered injuries will be eligible for emotional distress damages. However, New York has claims for negligent infliction of emotional distress that extends to other people considered to be in the zone of danger. 

Usually, this is extended to immediate family members and some bystanders. To qualify for these losses, the following must apply to your situation:

• Were a witness to a family member being injured or killed from negligence 
• There was a possibility that you could suffer an injury from the same misconduct. You may have been threatened in some manner. 
• You now suffer from emotional distress.

Currently, parents, spouses, siblings, children, and grandparents may be eligible to sue for NEID in New York. This is different than when an injury victim sues for emotional distress, but it is an option. 

Can I Sue My Insurance Company For Emotional Distress?

Steps You Can Take to Sue the Insurance Company 

There are several situations where you can sue the insurance company. The first is negligence. This occurs when the insurance company violates its duty to you, by violating parts of the contract, wrongful claim denials, etc. Another scenario is for bad faith actions, which apply in specific situations including when the insurance company does not investigate your claim, is deceptive, or unreasonably denies a claim. 

Pain and suffering is another condition that can qualify to sue the insurance company. These damages primarily apply when the insurance company takes egregious actions. The burden of proof will be on you and your New York personal injury attorney to show how the insurance company acted maliciously or negligently. 

Once you determine you can sue the insurance company, you can begin taking steps. The first is gathering evidence, such as your correspondence, insurance policy, and other documentation. You should also gather evidence about your initial accident. With this evidence, your personal injury lawyer can file a lawsuit. 

What Damages Can a Victim Receive for Emotional Distress?

Here’s a breakdown of the damages you can receive for emotional distress claim:

Mental Anguish

Mental anguish damages intend to compensate injured victims who suffer a high degree of mental pain and suffering following physical harm. Mental anguish damages are non-economic damages you can recover in a personal injury case.

Mental anguish damages compensate for suffering such as anxiety, depression, grief, feelings of distress, fright, and hopelessness associated with a physical injury, wrongful death, or loss of a loved one.

Medical Expenses

If emotional distress contributes to worsening mental health, you may require the services of a healthcare provider to facilitate your recovery. You, therefore, deserve compensation for the medical expenses incurred during the treatment plan.

Medical expenses damages intend to compensate emotionally distressed victims for the following losses:

• Medication
• Hospitalization charges
• Psychotherapy charges
• Rehabilitation costs
• Doctor’s consultation
• Transport charges to and from appointments

Lost Income

When you’re emotionally distressed, you may be unable to work in the usual way. You may have to take sick leave, miss work, or leave your work entirely and have your wages discontinued.

You, therefore, deserve compensation for all the financial losses you incur due to missed work, having to use your vacation time for recovery, or being forced to work at a reduced capacity.

Loss of Consortium

You deserve compensation if emotional distress makes it difficult to relate with your loved ones the same way you did before the injury, you deserve compensation. For example, social phobia may make walking with your children or loved ones challenging.

Loss of consortium damages compensates you for losing essential aspects of your relationships. 

Loss of Enjoyment of Life

Emotional distress can cause you to no longer enjoy life as much or stop you from participating in activities you used to love. For example, if you used to enjoy cycling on weekends but an accident caused you emotional distress that prevented you from enjoying the hobby.

You, therefore, deserve compensation for the reduced quality of life inflicted by emotional distress.

How Do You Sue for Emotional Distress?

Personal injury law allows emotionally distressed victims to obtain compensation from the at-fault party’s insurer. Understanding how to file an insurance claim can enhance your chances of a positive outcome.

Here are the crucial steps for enforcing your rights:

Hire an Attorney

You may encounter hurdles proving that you suffered emotional distress after an injury or traumatic event. Therefore, you may benefit from the input of an attorney who’ll evaluate your claim, discuss its prospects with you, and create a strategy for enforcing your rights.

More importantly, a personal injury attorney offers legal support throughout the claim process, including evidence gathering, settlement negotiations, and trial.

Set up a Consultation

The initial consultation with an attorney forms a solid foundation for a successful emotional distress lawsuit. During the consultation, an attorney will listen to your complaint and offer insights about your rights and the merits of your case.

Compiling Evidence

To sue someone for emotional distress, you must document the psychological impact and physical symptoms. 

Here are a few sources of evidence for proving emotional distress:

• Medical records related to therapy sessions.
• Diagnostic notes related to emotional distress.
• A personal journal documenting your emotions and the connection to the defendant’s conduct.
• Witness statements of people who witnessed your worsening emotional state.
• Evidence of any changes to your daily life, such as missed work or reduced quality of life.

You can strengthen your case by noting any physical manifestation of your emotional distress.

Filing the Claim

The at-fault party is unlikely to act concerning your emotional distress claim unless you file a complaint at a local court. A complaint is a written document that contains allegations against the defendant, the specific violated laws, the facts of the dispute, and the demands you’re pursuing.

Discovery Process

During the discovery phase, parties to a lawsuit gather and exchange information and evidence related to their case. It is a crucial stage that enables the two sides to build solid arguments and understand the other party’s claim.

Sometimes, the stage allows the involved parties to settle without trial.

Negotiations

Before trial, the injured victim and the defendant have numerous opportunities to settle the damages. An experienced personal injury attorney has the skills, knowledge, and experience to evaluate any offers, negotiate, and accept a settlement that meets your injury-related losses.

Trial

If you can’t settle with the defendant, the case goes to full trial. The jury or judge will order the defendant to pay the injured victim a settlement amount that matches injury-related losses.

Proving Emotional Distress Damages 

You need strong evidence to convince the judge or jury that you deserve compensation for your emotional distress. The kind of evidence you can provide will vary depending on the situation that caused the emotional harm initially. Some evidence that can be useful includes:

• Statements from family, coworkers, friends 
• Emails, texts, and letters that describe your emotional pain and suffering 
• Testimony or documents from mental health professionals about your condition 
• Medication prescriptions 
• Doctor testimony about physical harm 

Most Common Types of Emotional Distress

Many incidences can trigger emotional distress, and any time a person fears for their life or well-being, can cause significant emotional pain. For instance, the events leading to slip-and-fall accidents can trigger deteriorating mental health.

The common types of emotional distress include:

• Anxiety: Anxiety is a disorder characterized by feelings of worry or fear which is strong enough to interfere with your daily activities. 
• Depression: Depression is a mood disorder that causes a persistent feeling of sadness and loss of interest. If you suffer clinical depression, it affects how you feel, think, or behave, triggering other emotional and physical problems.
• Eating Disorders: Examples of eating disorders include anorexia, bulimia, Pica, Binge-eating disorder, and restrictive food intake disorder. People with other mental health conditions like trauma, anxiety, or depression are at increased risk of developing an eating disorder.
• Post-Traumatic-Distress-Syndrome(PTSD): PTSD is a mental health condition triggered by a terrifying event, with symptoms such as flashbacks, nightmares, or severe anxiety.

Intentional Infliction of Emotional Distress

You can initiate the intentional infliction of emotional distress when someone deliberately acts in a way that triggers severe emotional suffering that exceeds the bounds of decency and outrage. The foundation of the claim is the intentional nature of the conduct.

It can arise as a result of a physical injury or witnessing a loved one being killed. A malicious claim aimed at destroying someone’s reputation could also trigger emotional distress.

Compensation You Can Get for Emotional Distress 

You could be awarded various damages when you sue the insurance company for emotional distress. Every case is unique, and you should review individual factors to create an adequate compensation amount. You may qualify to get compensation for the following:

• Lost wages
• Loss of consortium 
• Psychological counseling 
• Embarrassment
• Loss of reputation 
• Anxiety 
• Depression
• Lack of enjoyment in once enjoyable life activities 

If you have an injury claim open, these damages can be combined with that claim. You will need a strategy to ensure you take the best path towards monetary recovery. Remember, emotional distress and other noneconomic losses are contentious and challenging to calculate. 

A New York Personal Injury Attorney Can Help With Your Case 

It is possible to sue the insurance company for emotional distress. Every circumstance is unique, and handling the legal process may be challenging. You have enough on your plate, and the emotional turmoil that can arise from a lawsuit can only make the situation worse. You don’t have to go at it alone. Call our New York personal injury attorneys at The Barnes Firm at (800) 800-0000 for assistance today and for a FREE initial consultation.

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Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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