New York law recognizes the right of plaintiffs to sue for causing emotional distress through negligence (NIED). An NIED claim could be the result of a drunk driving car accident, a medical malpractice lawsuit, a negligent safety claim, or any number of accident circumstances. Cases of emotional distress can be based on the negligent imposition of emotional distress or on the intentional imposition of emotional distress. The word “intentional” suggests the main difference between the two types of cases. If someone sets out to cause distress, sometimes it may be enough to bring a lawsuit.
Emotional distress is a type of mental suffering or distress induced by a negligent or intentional incident. Courts recognize emotional distress as a type of harm that can be recovered through a civil lawsuit. This means that you can sue someone for emotional trauma or distress if you can provide evidence to support your claims. Can you sue someone for hurting you emotionally? In California, the answer is yes. You can file a lawsuit for negligent or intentional cause of emotional distress to get compensation for harm caused by someone else's actions, even if you haven't suffered physical injuries.
Family members of a person who suffered because of someone else's actions could file an emotional distress lawsuit. Emotional distress damages have been awarded to family members in lawsuits in which family members have been affected. This includes medical negligence, false convictions, wrongful death and many other cases. If a family member acts as a representative for the victim, you can sue for emotional distress. The rules about what will be allowed vary from state to state or even from judge to judge, but any reliable evidence that supports your claim of emotional distress must be presented in court. Every victim of emotional trauma is unique, and symptoms and their severity vary from person to person.
The more you can back up your claims with evidence, the better chance you have of recovering from your emotional distress. Emotional distress is included in non-economic or “general” damages, which are more difficult to quantify in numbers, but which can still be done by an experienced lawyer. This “judge-made” law is the source of a large number of personal injury laws in New York and other states. Copies of psychiatric treatment bills serve as concrete evidence that the incident caused emotional distress. If you suffered emotional trauma as a result of someone else's actions, whether through negligence or through negligence, there is a chance that you could get compensation for your pain and suffering.
Depending on the case, psychological and emotional trauma alone, resulting from cases such as sexual abuse or defamation, may be the reason for an emotional distress lawsuit. Before seeking legal advice for your case, make sure that there is at least some chance of filing an emotional distress claim. As you can see, it's possible to sue for emotional distress, but it requires navigating a complex legal system. In personal injury cases, the stronger your evidence, the more likely your lawsuit will be successful. Even though the father was not harmed, the emotional trauma suffered by the father may be the reason for a lawsuit.
That's why it's important that you consult with a personal injury lawyer so that they can evaluate the strength of your case and provide you with the most appropriate options. If you have been affected by someone else's actions and are considering filing an emotional distress lawsuit, it is important to understand how these cases work and what kind of evidence is needed to prove your case in court. An experienced personal injury lawyer will be able to help you understand your rights and provide guidance on how best to proceed with your case.