Conversations about mental health are more thoughtful and informed than ever before. As therapy continues to shed its stigma, growing awareness and improved testing are providing widespread clarity on how people behave and think. One area in need of continued conversation is emotional distress. A split-second incident can leave a seismic impact on someone’s life. It’s not just a passing moment of sadness while others carry on in their joy, it’s like an itch that you can’t seem to scratch away.
At Nicolet Law Accident & Injury Lawyers we know that emotional distress can be like a dark cloud that lingers over your relationships, career, and countless day-to-day moments. When emotional distress evolves into a lawsuit, it can raise a lot of questions. What dollar amount measures up to the damage done? At Nicolet Law, we are ready to help our clients answer those questions and build strong cases that speak to the pain they’ve been through.
What Makes for A Strong Emotional Distress Case?
Being transparent about your emotional distress can be powerful testimony. An official diagnosis from a mental health professional can validate that testimony and strengthen your case significantly. Support and testimony from your loved ones do not go unnoticed, but the credibility of a professional is often far more persuasive.
There are two key kinds of emotional distress lawsuits, an intentional infliction of emotional distress (IIED) and a negligent infliction of emotional distress (NIED).
What Is An IIED?
Intentional inflection of emotional distress is fairly straightforward. Someone deliberately acts in a way that they know will cause distress. While IIEDs can have a reputation for being outrageous and violent, according to Consumer Shield, they can be prevalent in the workplace too.
What Is NEID?
Negligent infliction of emotional distress is more complex. There was no intention to cause distress, but the defendant showed no regard for the safety of those around them. A key example of an NEID can involve a distracted driver.
Because the distress was not intentionally inflicted, these lawsuits often require significant supporting details. That support will need to prove that the defendant’s behavior was negligent, that they knew it was negligent, and that their negligence is what directly caused the distress.
Turning Emotional Distress Into A Legal Claim
You must first choose whether you're dealing with an IIED or NEID claim. Did the defendant intentionally terrorize you or were you harmed because they acted with wanton recklessness?
Next, speaking with a personal injury lawyer who understands emotional distress can make a huge difference. Damages can be a complicated area of any lawsuit, even with economic damages like medical bills and lost wages. Economic damages are often easier to calculate, while emotional distress calls for more interpretation. An experienced personal injury lawyer can help document the cost, from therapy sessions to doctor’s visits, prescription medications, and more.
What's The Evidence?
The more evidence there is to support your case, the better. Do not assume that you have a surefire case, even if it feels like you do. Speaking honestly about your mental state is one matter, but a licensed mental health professional’s diagnosis often carries far more weight.
If anyone witnessed the distressing incident or has noticed how it has changed your behavior and ability to function, their testimony can be powerful. Claims of emotional distress are often countered with accusations of exaggeration. Medical records and eye-witness reports can help refute those dismissals.
The Lawsuit, And What Comes After
While causing distress may feel criminal, the lawsuits themselves fit under civil litigation. While trials can happen, settlements are often far more likely. The statute of limitations for emotional distress lawsuits varies by state:
- Minnesota: You have six years to file a claim
- Iowa: You have two years to file a claim
- North Dakota: You have six years to file a claim
- Wisconsin: You have three years to file a claim
Given that emotional distress lawsuits can be challenging by default, filing sooner rather than later is important.
The unfortunate reality is that there will likely be skepticism about your emotional distress no matter what. The longer you wait to file a case, the more potent that skepticism can be. If a year passes, your insurance company may claim that you were clearly well enough to wait until a year later.
Contact A Personal Injury Lawyer To Learn More About Emotional Distress Claims
Public conversations on mental health continue to evolve, and at Nicolet Law we welcome them. Being a local firm means that we want to do whatever we can when a member of our community is experiencing hardship. We know that suing for emotional distress can be a challenge and we are ready to face and fight that challenge. We have experience helping our clients with every aspect of personal injury cases. Contact us to set up a free consultation.
Contact an experienced personal injury lawyer with Nicolet Law Accident & Injury Lawyers as soon as possible. We'll help you understand your rights and whether you can reasonably pursue compensation for your injuries.
