How to Sue for Emotional Distress

Emotional distress is a common experience, but it’s not always easy to prove in court. However, if you’ve been wronged by someone else, there are legal remedies you can use to protect yourself. 

It’s important to know what emotional distress is and how it differs from other kinds of claims that people can make against others in court. The lawyers at Kuharski, Levitz & Giovinazzo, Esq. can show you how to sue for emotional distress if someone has caused you harm.

Emotional Distress is Considered Non-Economic Damages

You may decide to sue for emotional distress if you have gone through a hard time such as losing a loved one or being the victim of a crime. As the plaintiff, you may receive financial compensation for your loss. However, no actual financial loss was sustained. That’s why emotional distress is under the category of non-economic damages.

Emotional distress is often referred to as pain and suffering and can include mental anguish that occurs as a result of an injury caused by another person. 

Emotional distress can be extremely difficult to quantify in terms of money. That’s why it’s important to seek out a personal injury lawyer with the tools to calculate the amount you’re owed, help you file a claim, and take your case in front of a judge if your case goes to court.

How to Prove Emotional Distress

Proving you’ve suffered emotional distress can be tricky. You’ll need to show that your mental state has been affected by the trauma of the accident. That means you suffered significant harm such as nervous shock or some kind of psychiatric impact, like post-traumatic stress disorder (PTSD) or another condition. 

Proving they were negligent and that their negligence caused your injuries is vital. If you can’t prove a connection, you may struggle to get the compensation you’re due for the suffering you experienced. 

Sometimes emotional distress is difficult to prove and requires expert testimony from a psychiatrist or psychologist who knows how to evaluate emotional trauma. Your personal injury lawyer will have access to such expert witnesses who can testify on your behalf.

Evidence is critical. If your emotional distress was due to witnessing an unforeseen accident or another event, your medical records will help prove the extent of your injury so keep them in a safe place. If someone acted in a threatening way toward you, write down each instance of abuse and save any texts or emails related to your case. 

Talk to a Lawyer about Suing for Emotional Distress

Suing for emotional distress can be challenging, but it’s not impossible. Our team has a track record of success with these types of personal injury cases, and we’re here and ready to help you recover from your damages, both economic and non-economic. 

Take the first step toward recovery by setting up a free consultation with one of our compassionate attorneys. Call Kuharski, Levitz & Giovinazzo, Esq. at 718-448-1600 or fill out our confidential online contact form, below.