Table of Contents
- 1 Overview
- 2 What is emotional distress definition?
- 3 Types of Emotional Distress torts
- 4 Parasitic emotional harm
- 5 Emotional distress leading to physical ailments
- 6 Steps to sue someone for emotional distress lawsuit
- 7 How do recover compensation for emotional trauma?
- 8 Emotional distress lawsuit settlement
- 9 Emotional distress lawsuit settlement example
- 10 Queries on Emotional distress lawsuit settlement
- 11 Conclusion
It is undoubtedly true and easy to settle for all the economic damages arising from car accidents, spinal cord injury, brain injury, and slip and fall cases. Comparatively, tough to claim for the non-economic damages since mental anguish cannot be weighed with proper calculus for a financial settlement, which is ever overlapping.
General or non-economic damages are immeasurable in terms of money but inject terrible mental anguish, emotional trauma, mental distress, pain, and suffering.
Emotional distress affects the human psyche very badly to the extent of gradually assassinating life. Witnessing the loss of the beloved one in a motor vehicle accident can create mental trauma, stroke, fear, anxiety, fright, shock, and other emotional distress symptoms.
According to psychologists and psychiatrists, this can also evolve into another disease or illness in the form of headache, back pain, mental disorder, withdrawal symptoms, isolation from day-to-day activity, shifts in mood, depression, insomnia, etc. Hence, an emotional distress lawsuit can be sued in civil court for reasonable compensation.
John J. Kircher, in his book “liability for emotional harm,” invokes that even the parasitic emotional harm and mental anguish followed by a personal injury can be compensated for emotional distress.
This article will enlighten the reader on whether an emotional distress lawsuit in the present can be sued for settlement or compensation—the types of tort law related to mental distress, pain, and suffering due to personal injury. The premeditated records are to be maintained in honor of the mental trauma.
What is emotional distress definition?
Emotional distress is a mind and body-connected phenomenon. This inculcates the suffering and the mental anguish mind and body undergo due to the bodily injury or witnessing an inflicted injury to the third person.
The legal dictionary on law claims emotional distress definition as an increasingly popular claim of damages in lawsuits for personal injury due to the negligence or intentional acts of another. Recently, “courts in many states have recognized a right to an award of money damages for emotional distress without physical injury or contact.”
The concept of emotional distress states that it can be sued for mental trauma, emotional pain, and suffering.
Types of Emotional Distress torts
There are four types of emotional distress, according to the legal data. You can file a mental anguish lawsuit under these four categories with proper validation and depth of the emotional harm and mental trauma to place a dollar value worth upon it.
Assault is fundamentally related to mental rather than physical attack or incursion. The damages that need to be covered depend on the plaintiff’s suffering, pain, and traumatic experiences.
In every state in the US, assault is given permission to file an emotional distress lawsuit. It does not matter whether the assault is minor or major. The plaintiff can sue for the emotional pain and the agony s/he undergoes. It does not require any physical injury to be visible.
- unlawful threat
- sexual harassment
- sex discrimination
- harmful words
- Illegitimate comments and many more.
Intentional infliction of emotional distress
Intentional infliction of emotional distress in the common terms indicates that the defendant intends to cause distress, mental agony, emotional pain, mental trauma, etc., to the plaintiff through threat and emotional torture.
For example, we can take the case of Wilkinson vs. Downton. In this case, Wilkinson goes to inter-state for some work-related purpose. Downton makes a joke to Wilkinson’s wife that he met with an accident and is severely injured. He further tells her to take some of Wilkinson’s belonging to the hospital to bring him home. The court found fault with the defendant.
Wilkinson’s wife was emotionally disturbed. Her nervous system was affected. She was in utter shock. She moved with fear and anxiety. Her mental anguish and pain were non-negotiable.
The following elements need to be proved before the jury to receive an emotional distress settlement by the plaintiff’s attorney.
- The defendant’s behavior is contemptible according to the legal tort laws.
- The defendant has acted deliberately to infuse mental anguish, emotional distress, and emotional trauma.
- The plaintiff needs to prove that the damage in emotional distress has happened at the behest of the defendant’s action.
All this proof will certify that the defendant inflicted the plaintiff’s mental stress, anxiety, shock, fear, suffering, and pain.
Emotional suffering can also be inflicted through medical battery where the consent of the patient is not taken into consideration.
“To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that: The defendant’s conduct was outrageous, The conduct was either reckless or intended to cause emotional distress; and…”
— Dr. Elden Wayne Whalen III, ShD (@wayne_effect) August 23, 2022
Negligent infliction of emotional distress
Negligent infliction of emotional distress comes in close proximity to a personal injury lawsuit. The defendant caused emotional harm or mental anguish to the plaintiff due to his or her reckless action. Modern-day civil law in most states in the US will go with the compensation for the emotional trauma even if the plaintiff is not physically injured or harmed.
For instance, Richard walks on the pedestrian path toward home. Meanwhile, Smith and Eckert have a car race in the middle of the road. Smith lost control and came to hit Richard. Nevertheless, the vehicle did not hit him but caused severe shock leading to mental trauma for days and mental distress thereafter.
This case indicates that though Smith has inflicted emotional pain and trauma recklessly, Richard is to be compensated for the medical bills and the suffering he undergoes.
Damages of emotional distress
The damages that arise from mental distress need to be compensated appropriately with money. The possible damages a person can undergo concerning distress tort will be explicated in the following lines.
- Loss of appetite
- Deteriorating quality of life
- Investing time to worry
- Cognitive changes after an accident
- Having difficulty in thinking and remembering
- Psychological trauma or disorder
- Instinctual action
- Discrepancy in behavior
- Humiliation, and so on
Parasitic emotional harm
Parasitic emotional harm is suffered by the third party. It is closely associated with the bystander who gets emotional wounds and mental disturbances or even physical injuries. The bystander can be emotionally suffering in both cases, namely, intentional infliction of emotional distress and negligent infliction of emotional distress.
An apt example can be the father of the child watching from the window his only child returning home from school. There was a terrible car crash killing his daughter. Father, from the window with the heavy shock, fell face down unconscious. He was taken to hospital for the treatment.
He was still an emotionally disturbed man, being treated by psychiatrists and psychologists. In this case, the bystander (father) was emotionally distressed and physically wounded. The mental anguish still remains afresh in his conscious and subconscious mind. The plaintiff needs to be compensated for not only the fall but also the byproduct of the fall and the accidental shock.
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 body’s 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.
Every mental and emotional pain is connected to some bodily reaction in the later stages, so the moment the plaintiff feels the pain and mental suffering preceded by mental shock needs to visit a psychologist or a psychiatrist. S/he will better help you identify the true distress and disorder. This may help the plaintiff to get the desired distress settlement. The byproduct of mental anguish and emotional suffering is at your overview.
- Gastrointestinal disease (peptic ulcer-PU, ulcerative colitis – UC)
- Asthmatic disease
- Skin allergies
- Nerve damage
- Neck pain
- Back pain
- Heart attack
- Suffering about the broken body, and so on.
While suing for an emotional distress lawsuit, all these non-economic damages need to be penned down with proper witnesses and records. If you have ever met a psychologist or psychiatrist, they would already have possessed such data to support your lawsuit.
Steps to sue someone for emotional distress lawsuit
These are the basics the plaintiff needs to premeditate before suing for emotional anguish, suffering, and pain.
- Keep a track record of the traumatic distress in the written form (logging)
- Discuss with the psychologist, psychiatrist, and therapist.
- Consult a personal injury attorney and describe the mental agony, emotional anguish, and other distress in detail.
- Submit a copy of the entire document to the attorney for verification.
- File an emotional distress lawsuit.
- Get ready for pre-trial dissemination.
- Trial and settlement
With this, the jury will consider the full details presented and give a verdict on how much would be the reasonable compensation for the pain and suffering.
How do recover compensation for emotional trauma?
We need to have the evidence required to recover compensation for emotional trauma. If we possess the entire details with proof and the right witness, recovery is very easy. The following strategy will help the plaintiff to sue for the recovery settlement of emotional trauma rightly.
- Bodily ailments and physical injuries caused by emotional trauma need to be enunciated as emotional distress.
- The longevity of the emotional trauma and emotional distress needs to be proved. Higher the time of suffering emotional distress and mental trauma will decide the amount for the recovery settlement.
- Clinical reports from doctors, psychologists, psychiatrists, and other therapists will help the jury to recover from emotional trauma.
- Witnesses must speak on your behalf before the civil court. A witness can include a stress reduction team, mental health professionals, support network, psychologist, psychiatrist, and kith and kin of the victim.
According to the emotional distress law, every citizen in the US is entitled to file an emotional injury lawsuit if affected severely. The recovery of emotional trauma depends on the proof the plaintiff produces for the judge. Kindly note the aforementioned strategies while suing today! For emotional distress lawsuit.
Emotional distress lawsuit settlement
The emotional distress lawsuit settlement amount is determined by the emotional distress pain scale calculator. If the pain is unbearable mentally and psychologically, the mental anguish lawsuit is filed and demands an emotional distress lawsuit settlement amount. Suing for emotional trauma and mental anguish lawsuits is tough to prove because the measuring aspect of the pain is only experienced by the sufferer.
I can transfer the property to my relatives or anybody I wish, but mental anguish, emotional distress, and emotional trauma cannot be transferred. Hence, we call the emotional distress lawsuit settlement amount non-economic damage. The emotional distress lawsuit settlement calculator will tell how much will be the sum of a penny the affected may receive if proven right. Emotional distress lawsuit settlement amount can vary from state to state, and the pain and suffering. Some of the US states have placed a steep sum of $2.50000.
Emotional distress lawsuit settlement example
An emotional distress lawsuit settlement cannot be filed without any reason. It is clear that no one can sue for no reason. You can dare to sue UCLA for an emotional distress lawsuit settlement if you are being affected by it or looking for ease from the mental anguish. I want to present before you a heart-wrenching emotional distress lawsuit example from the University of California, Los Angeles.
There have been many lawsuits since 2017 against UCLA for sexual abuse, molestation, and emotional distress lawsuit settlement along with personal injury. The recent news on Dr. James heaps abusing the patients for years and leaving terrible emotional damage and a scar on the victims. It is predominantly about the sex abuse suit. However, one of the 203 women affected during the treatment, Kara Cagle, says that it was traumatic and could be the right option for an emotional damage lawsuit.
The class action on the American penal law forced the jury to provide a verdict on an emotional distress lawsuit settlement of $2500 to $250000. The patients were affected by emotional distress and some sort of physical injury, which is about 6,600 patients. Beware of the emotional scar. If anybody has been affected by the treatment from UCLA, you have the right to an emotional distress lawsuit settlement.
Queries on Emotional distress lawsuit settlement
People all over the US ask varied questions starting from kids to older adults. The questions are as follows: – can I sue someone for emotional distress, can you sue someone for emotional trauma, can I sue my father for emotional distress, how to sue a school for emotional distress, can you sue for emotional trauma, can you sue a school for emotional distress, can you sue someone for emotional abuse and trauma, can you sue a university for emotional distress, can you sue a company for mental distress, suing parents for emotional distress, and mental anguish lawsuits. These are the queries raised by the common men and women.
What are the emotional damages a person with emotional distress can have?
Emotional damages are plentiful. Emotional distress damages can be intensely stressful, leading to mental cum physical illness. Plaintiff witnessing the incident can lead to fear, anxiety, trembling, insecurities, etc. They lead to forgetfulness, blood pressure, loss of appetite, trauma, shivering, unwanted physical responses, etc.
Can you be sued for emotional distress?
I must be suing for an emotional distress lawsuit with the help of an attorney. I shall provide the entire scenario pictorially with proof to the personal injury attorney. Anyone who suffers from emotional distress must sue to take care of the beloved in the family and the plaintiff himself.
How can mental anguish be inflicted?
Mental anguish is perpetrated by the third party. It can be the death of a closely associated member of the family or an event (accident). Mental anguish is a kind of mental or emotional distress causing terrible pain to the mind and heart. Mental anguish prevents or hinders the natural happiness of the plaintiff.
Can I sue for the intentional infliction of emotional distress?
Yes, you can sue for the intentional infliction of emotional distress. Anybody who wants to terrify you to create emotional suffering or emotional disturbances, you can sue before the court to balance the non-economic damages you encountered.
How to define suing?
Define suing in the ordinary sense will indicate an appeal for legal proceedings against the defaulter. The Collins dictionary defines suing as “bringing a civil action against or prosecuting in a court of law in seeking justice or redressing wrongs. It is to sue someone for damages.”
How much can I sue for emotional distress?
You can sue for emotional distress 3 to 7 times the medical treatment cost. The cost includes disability, lost present and future wages, present and future medical costs, emotional damages, and depression deep down. The sum depends on the severity of the case and the injuries caused. The sum may vary from state to state.
There is a question frequently asked by my readers: how much can the emotional distress lawsuit settlement amounts be? The question is well answered at the beginning of the sentence; however, emotional distress lawsuit settlement amounts can be in some states 2 to 5 times and in other states 3 to 7 times the emotional damages perpetrated, depending on the graveness of the cases.
What are the reasons to sue someone?
The reasons are manifold. Let me list out some of the common reasons to sue someone. The reasons to sue someone are personal injury, defamation, product liability, nuisance, breach of contract, breach of security, breach of warranty, failure to give back the security deposit, property damage, professional malpractice, etc.
Is suing for pain and suffering breed positive outcomes?
Suing for pain and suffering breeds positive outcomes, provided the cause for suing on pain and suffering must be genuine. Every pain and suffering has a monetary value that cannot be measured but experienced; hence the sum of the settlement claim remains higher. Suffering and pain are metaphysical reality, though it inflicts pain terribly.
Can I sue my employer for stress and anxiety?
You can sue your employer for stress and anxiety with caution. The company’s mission, vision, and constitution play a significant role in suing your employer. For instance, the employer pays you enough and expects the amount of work from you. The work may be taxing and provide discomfort in attaining the result. The pain and suffering inducted to reach the destination are expected of you as a team member. Such unreasonable suing of the employer for stress and anxiety is unwarranted.
Suppose you are doing the work of five employees, and your employer is behind the screen for such conspiracy, creating stress and anxiety for your well-being. You can sue your employer for stress and anxiety. Ultimately, you need to prove how you sued before the court.
Can you sue social security for negligence?
You can sue social security for negligence. It so happened in Philadelphia that a widower had two social security benefits. Since she had two, the former and latter simultaneously sent the report to the widower saying, you have got another social security benefit, so we will not provide it. The widow did sue social security for negligence before the Philadelphia court and received the full advantage with ease.
What can you sue for?
I can sue for anything that disturbs the freedom and liberty of the individual in the US. Phenomenally, the great thing in the US is to live a life worthy of oneself and others. I am the supporter of the other, not the destructor. You can sue if anything goes against the natural order, precisely the act against the US constitution.
Can I sue my father for emotional distress?
Absolutely! One can justify the question of whether can I sue my father for emotional distress. Or can you sue a school for emotional distress and mental distress? The world has a lot to tell us. If you go unheard, you can learn nothing. Though you may learn to understand without the empirical world, the process of learning is in vain. Nobody has the right to inflict emotional distress on the other. It is against nature too. It may happen that a primordial action can cause emotional distress or mental distress. The question is how to sue a school for emotional distress, or can I sue my father for emotional distress? I have aforementioned the details about how to sue for emotional distress.
As some say, I cannot sue my father for giving birth though BBC news gives a relevant note, how an individual is trying to sue his parents for giving him birth. He demands an emotional distress lawsuit settlement amount till he lives. This is strange but true. on the category of the virtue of life, whether school or father (parents), can be sued for stress and mental anguish. If anybody asks, can I sue for harassment emotional distress, there is no doubt but sue for the emotional distress settlement amount. If you have any more queries, I am ready to answer with 100% precision.
How to sue a school for emotional distress lawsuit settlement?
The United States of America has given prime importance to personal freedom. Nobody has the right to disturb the liberty of any individual. If a student or a teacher is being harassed or given mental anguish due to their behavior, you can sue the school management for emotional distress. In other words, anything that disturbs the moral freedom of any individual on the school premises, irrespective of teacher, students, parents, etc., can you sue a university for emotional distress, you are liable to sue the school for an emotional distress lawsuit. You can get the entire settlement for the emotional trauma or the emotional pain you underwent in the cause of time and even thereafter.
The procedure for suing the school for emotional distress or suing someone for emotional trauma would be approaching the personal injury attorney of the respective state or the country you belong to. Prior to the personal injury lawsuit or emotional distress lawsuit, you need to have the right proof about the situation for which you want to sue the school or someone for emotional distress. Since it comes under non-economic damage, it is tough to prove. Nevertheless, the pain scale calculation and pain and suffering value will help you to go properly with the advice of the personal injury attorney.
Newton’s 3rd law indicates that “for every action, there is an equal and opposite reaction”. This is true to the article Sue today! for emotional distress lawsuit. Whether you are the wounded or the bystander of the car crash, your emotion is disturbed; the pain, agony, and suffering can foil the creation of immunes in the body.
The exertion of immunes prevented and ceased to gush forth due to the emotional distress leading to many physical injuries. For centuries, it was unnoticed, but the contemporary world realized the importance of the emotional distress law.
The emotional distress law paved the way for emotionally distressed people to sue today to get recovery from emotional trauma.
Do you have a story to share on emotional distress? Share your thoughts in the comment section.