What is emotional damages in a lawsuit?
Emotional distress, also known as “mental anguish,” is a non-physical and mainly psychological injury that may be asserted in civil lawsuits.
Can a physical injury cause emotional distress in a lawsuit?
In several states, a physical injury must actually cause the emotional distress. In a minority of states, no physical injury is required if the emotional distress was caused by negligence.
Can you sue someone for hurting your feelings?
Can you really sue someone for hurting your feelings? The answer is yes. But only if he or she did something outrageous. Intentional infliction of emotional distress (IIED), also known as intentional infliction of mental distress or the tort of “outrage,” is a tort claim for intentional conduct that results in extreme emotional distress. [1]
Can a stranger be sued for emotional distress?
Some authorities allow recovery for emotional distress even in cases where the bystander is a stranger, if he or she is present and witnesses an act of violence directed against another, and suffers physical injury as a result.[9]
Can a tort claim be filed for emotional distress?
Emotional distress is an integral part of almost any tort claim. When you’re hurt in a car accident, slip and fall or even if you don’t suffer a physical injury, you may wonder how to go about suing for emotional distress. Mental harm is a very serious injury that can impact your health and well-being, both in the short and long term.
In several states, a physical injury must actually cause the emotional distress. In a minority of states, no physical injury is required if the emotional distress was caused by negligence.
Can you sue someone for mental stress and trauma?
If someone causes you mental stress and trauma — such as anxiety or paranoia — you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.
How are psychological injuries determined in a lawsuit?
In most personal injury lawsuits, the jury will first make a determination that the defendant is liable for the plaintiff’s physical injuries and then address psychological injuries as part of the damages phase of the trial. Like any personal injury claim, you need to prove three essential elements to recover damages:
When to sue a family member for emotional distress?
In general, you can sue for emotional distress when: You witness the death or injury of a family member. You are a bystander to an event that causes fear of death or injury and you are actually in the “zone of danger.”.