Working With An Emotional Distress Lawyer In Chicago
Compensation for emotional distress is considered non-economic, or general, damages. Therefore, its difficult to put an exact price on the compensation you are owed. That is why we highly suggest working with an experienced personal injury lawyer that is well versed in Illinois law.
If you decide to let us represent your emotional distress claim, you can be confident that your legal team will help ensure your best interests are looked after. We will do this by assisting you in the collection of relevant evidence to prove that the emotional distress from your accident has impacted your life significantly. From there, we will take the steps to build a strong case on your behalf.
Whatever you decide, it is important that you contact qualified legal representation sooner than later. The statute of limitations for emotional distress lawsuits in Illinois is two years from the date of the accident, so dont hesitate.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
The Severity Of The Initial Injury
Mental distress is a type of injury that is usually caused by another injury. To prove mental distress, the court will examine the severity of the initial injury. For instance, suppose you suffered mental distress after a car accident. In that case, the court will examine the severity of the car accident.
Did anyone die in the accident? Did anyone suffer permanent injuries? These are some of the factors the court will consider when determining the severity of the injury that caused the plaintiff mental distress. Generally, the more severe the initial incident, the higher chances of obtaining a favorable ruling when you file a mental distress claim.
How Much Can You Recover For Emotional Distress In Florida
In terms of the amount of compensation that you may be able to recover, as mentioned above, this depends on your individual circumstances. The amount you can recover depends on the personal losses you incur as a result of the emotional distress.
Of course, unlike the costs of your medical care and your lost wages, you cannot simply add up your emotional distress. Additionally, since everyones circumstances are different, there is not one specific dollar amount that can be applied.
Instead, calculating just compensation for emotional distress requires a comprehensive assessment and detailed understanding of the effects of your accident. Then, a reasonable compensation award must be determined consistent with Florida law.
Are we talking tens of thousands, hundreds of thousands, or millions of dollars? Again, we really cant say. All of these are possibilities when justified by the circumstances presented. Once you begin treatment, your lawyer will work with your doctor to assess your emotional distress claim and determine how much compensation to pursue.
All of this can perhaps seem overwhelming. Right now, all you need to focus on is taking the first step: contacting a lawyer to discuss your legal rights.
An experienced personal injury lawyer can provide individualized legal advice based on your unique circumstances. If you are entitled to financial compensation for emotional distress, your lawyer can do what is necessary to seek a favorable recovery on your behalf.
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Get The Legal Help You Need For An Emotional Distress Settlement
You can find out more about your legal options without any cost to you. Contact Anapol Weiss to schedule a free consultation with one of our Philadelphia personal injury attorneys. Theyll talk to you about your case and how you can get compensated for the emotional distress youve endured. Suing for emotional distress recoup the money youve spent on medical bills, missed out on through lost wages, or need to continue your treatment. Dont let your emotional distress define you. Call today.
What Is An Emotional Distress
We have all experienced emotional distress at some time in our lives following tough situations and strained relationships. It is a broad term that covers any mental pain, often linked with feelings of depression and anxiety. People suffering from emotional distress may feel overwhelmed and helpless, have difficulty sleeping or sleeping too much, struggle to recall information, and isolate themselves from people or activities. The symptoms of emotional distress are varied. In some people, it may manifest as a continuous state of depression and loneliness, while others may show emotional distress through sudden, angry outbursts.
Under U.S. law 2022, the legal definition of emotional distress is any mental suffering, including all the symptoms mentioned above, caused by a particular event of negligence or intentional harm.
Within the courts, you may also hear this referred to as mental anguish. Just as with physical injuries, the courts recognize this emotional pain as a form of damage with full legal implications. As such, it is possible to file a civil lawsuit on the grounds of emotional distress to receive financial compensation for the damage caused.
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Intentional Infliction Of Emotional Distress Vs Negligent Infliction Of Emotional Distress
Stress is a part of life. There are so many things in our lives that bring us stress, and this includes other people. In most circumstances, a person simply stressing you out with their behavior is not grounds for an emotional distress lawsuit unless that behavior crosses the line into the arena of emotional abuse.Emotional distress, however, is different in legal terms. When we discuss emotional distress as it refers to the law, we are talking about emotional distress that occurs as a result of a particular incident and another individuals negligence.
Is It Possible To Sue For Emotional Distress
It is possible to sue for emotional distress. However, some necessary evidence and factors play a role in the viability of your case. In some states, it can be challenging to sue for emotional distress without the presence of physical harm in addition to emotional distress. Physical harm can include an actual bodily injury done to you or being in a position that could potentially become physically harmful.
In general, two different kinds of emotional stress are recognized and claimable in court:
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Intentional Infliction Or Negligence
The plaintiff must prove that the defendant inflicted the emotional distress intentionally or due to negligence. Intentional infliction means that the person intended to cause harm or showed reckless indifference. Negligence indicates that he or she failed to act with a level of care that a person of good judgment would have exercised in the situation.
Filing An Emotional Distress Lawsuit
If you believe that you are eligible for an emotional distress lawsuit, it is advised that you work with an injury lawyer. He or she will gather the necessary information to answer the big question: can you sue for emotional distress? Once its determined that you have a viable case, its time to file a claim. Your attorney will work with you through the civil litigation process. If a verdict is made in your favor, or if you and the defendant settle out of court, you will then receive compensation for your damages.
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How To File An Emotional Distress Claim In Washington State
There are stages for filing the claim to sue for your mental anguish and emotional damages. They are as follows:
Lastly, if the settlement offer is not enough to compensate for the victims emotional distress, then the lawsuit will go to trial. The courts will hear the arguments and evidence from both parties and make their final decision accordingly. This can be difficult and time-consuming. To give yourself the best chance of recovering your damages, be sure to consult your options with your attorney.
Can I Sue For Emotional Distress
Emotional distress can be caused after an accident, an experience of medical negligence or after a distressing experience, such as being bullied, harassed or discriminated against at work.
It can take a significant toll on you. Any sort of upsetting, or even traumatic, event could leave you suffering from anxiety, depression or fear.
You may also find that you experience physical symptoms, such as lack of sleep, increased heart rate, shortness of breath, stomach problems or dizziness.
So can you sue for emotional distress?
Making an emotional distress claim
It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someones negligence caused the harm you first suffered.
This could be because you were hurt in an accident that was someone elses fault. This could be an accident in a public place, like a fall. In this case, you could hold the occupier of the building you were hurt in responsible. If your accident happened outside, it may be possible to hold the local council or other organisation, such as a car park company, responsible.
If you are suffering from emotional distress after a medical accident, you could hold your treatment provider responsible. This could be an NHS or private provider. Feeling betrayed is a common emotion after experiencing medical negligence. We understand that you will want to make things right after going through an incident like this.
Proving your case
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How Do You Prove Emotional Distress
Proving emotional distress can be impossible without sufficient evidence. So, understanding what evidence you need to be able to provide is important in knowing if your case will be successful or not.
There are a number of ways in which to prove that you have sustained some form of emotional suffering as a result of an incident.
The most tangible and common form of evidence in an emotional distress case is physical injuries. Injuries sustained as a result of the incident make your case much more believable and measurable.
For example, if the initial incident caused you to suffer severe physical injuries, this will make it more likely for you to appear to be suffering from emotional damage as a result.
Of course, overtly obvious injuries such as broken bones or scarring will prove the incident took place, but you will need more to prove how the incident is affecting you mentally.
For this, anything from new, consistent headaches to ulcers can be evidence of emotional distress.
Perhaps the best form of medical evidence are reports provided by a doctor or psychologist in order to prove emotional distress.
Time is also a factor here because the longer you have been experiencing the distress the better your case will be so, seeking official medical help as soon as you start experiencing emotional symptoms is important.
Suing For Negligent Infliction Of Emotional Distress
Stephen Hasner | Negligence | March 28, 2022
Accident victims often include emotional distress as part of their damages when filing a personal injury lawsuit. Georgia laws allow accident victims to recover compensation for emotional distress. However, victims must prove the elements of the Impact Rule to recover compensation for emotional distress.
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Frequently Asked Questions About Emotional Distress
Q: Is it possible for a judge to decline to send an emotional distress claim to the jury?
A:Yes. For instance, the judge may declare the defendants conduct wasnt sufficiently outrageous.
Q: I witnessed an accident involving a close relative. Can I bring a claim for emotional distress?
A:Yes. Being in the zone of danger refers to being present when a close relative is injured in an accident.
Q: If someone flips the bird at me, can I pursue a claim for mental distress?
A:No. Receiving a bird hand gesture does not entitle you to compensation for emotional anguish.
Q: What do I need to show that Im experiencing emotional distress?
A: The victim must show that the distress is more than fleeing, that the distress is medically substantial, and that the defendants actions caused the emotional distress.
Q: Do headaches qualify as a form of emotional distress?
A: Headaches do not fall within the category of emotional distress. Emotional distress, on the other hand, includes sentiments like fear, dismay, and humiliation.
Emotional Distress Frequently Asked Questions
Q: Can a judge refuse to send a claim for emotional distress to the jury?
A:Yes. For example, the judge may deem the defendants conduct was not sufficiently outrageous.
Q: Can I file a claim for emotional distress after witnessing an accident involving a close relative?
A:Yes. The zone of danger refers to being in the presence of an accident injuring a close relative.
Q: Can I file a claim for emotional distress if someone flips the bird at me?
A:No. Receiving a bird hand gesture does not constitute an emotional distress claim.
Q: What do I need to prove emotional distress?
A:The victim must prove that the distress is more than fleeing, the distress is medically significant, and the defendants conduct is the cause of emotional distress.
Q: Are headaches considered emotional distress?
A:No, headaches do not fall under emotional distress. However, feelings like fright, dismay and humiliation are considered emotional distress.
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Exceptions To The Impact Rule
Now, the impact rule does not apply in certain situations. One situation is if you witness someone with whom you have a close personal relationship get seriously hurt or killed. Although proving contact is not necessary, you still need to show that this event caused you mental anguish or emotional trauma.
Other examples of exceptions include cases involving defamation or an invasion of your privacy. For example, lets say you confided in your psychologist who has a duty to keep things confidential that you were HIV positive. If they breached confidentiality and negligently disseminated that information, you could seek compensation for emotional distress, even though they never physically touched you.
Finally, no physical contact is required in cases involving wrongful birth. An example would be a doctor that fails to make the mother aware of an issue with the baby, such as a genetic deformity, and the baby is then born deformed.
When Can I Bring My Emotional Distress Claim
Importantly, emotional distress claims have a time limit in which they must be brought, known as a âstatute of limitations.â Thus, it is important that you consult with an attorney immediately in order to make sure that your claims are brought within the time limit specified by your local jurisdiction. A typical statute of limitations period for most claims of negligent or intentional infliction of emotional distress is two years from the date of injury.
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How To Sue For Emotional Stress In Queensland
Some injuries are invisible to the naked eye, but can be just as devastating as physical impairment. Emotional, mental, and psychological trauma may play a key role in a persons quality of life. Sometimes, psychological injuries can go hand-in-hand with physical injuries, making it harder to heal and becoming a critical issue in many personal injury claims. However, sometimes there is psychological damage without a physical injury, which can add to the complexity of filing a claim for compensation. If you or a loved one is experiencing difficulties of this nature, it is important to seek help from both medical and legal professionals in order to receive the care and compensation that you need and deserve.
Intentional Infliction Of Emotional Distress
An intentional infliction of emotional distress claim is a bit different than an NIED. With this type of claim, the plaintiff must prove that the defendant intended to cause him emotional trauma through outlandish, violent or otherwise irrational behavior, and that he did, in fact, cause such trauma.
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Emotional Distress Leading To Physical Ailments
Various studies have exposed that severe mental distress or emotional trauma put forth an immune-suppressive effect that conquers the bodys capacity to ignite an effective immune response. This is due to the bounty of corticosteroids formed at the behest of emotional distress or trauma, which yields a disproportion in corticosteroid levels and deteriorates the competitive ability of the immune.
This deterioration of immune function is believed to be connected with the tension on the various body parts linked with the creation and repair of the immune system. Salleh M.R., a great psychiatrist, in his article named life event illness and stress gives a good example to prove how emotional distress and mental anguish disturb the hormones, which finally leads to various diseases.
The example proceeds as Atrophy of the thymus or shrinking of the thymus results in its inability to produce T cells or the hormones needed to stimulate them. This can lead to an imbalance and inefficiency of the entire immune response. This is consistent with the finding that we are prone to suffer from infection, cancer, hyper-sensitivity, and auto-immunity as we get older.
- Gastrointestinal disease
- Asthmatic disease
- Suffering about the broken body, and so on.