Many people have undergone a situation that caused them emotional distress. Whether it arises from a criminal act, unfortunate accident or the death of a loved one, emotional distress can have a profound effect on a person. Emotional problems can cause a person to suffer a range of psychological problems including anxiety and suicidal thoughts. When these issues are imposed upon you without any fault of your own, it is likely you’ll want some form of redress. Fortunately, the law does authorize compensation for emotional distress under certain circumstances. However, the requirements are very specific as to when a plaintiff can file a claim for emotional distress.
Many jurisdictions are reluctant to award compensation for emotional distress alone. In fact, most states will require proof of some sort of physical injury that can be connected to the emotional damage. Yet, in Utah, the courts have held that emotional distress can exist without an observable physical injury. However, it will still be necessary to prove that the claim is genuine through other evidence. Working with a personal injury lawyer will help you prove that you suffer an extreme amount of distress that a reasonable person would not be able to cope with.
Appropriate Situations For a Claim
Most jurisdictions will not allow you to sue for just any type of emotional distress. There are a few, legally recognized situations where the claim is appropriate. First, a plaintiff can sue when he or she witnesses the death of a relative. Second, it is possible to sue if you were in a dangerous position as a bystander to a fatal or injurious event. Finally, you may file a claim if a funeral parlor (or third party) negligently mishandles the remains of a loved one.
Proving Your Emotional Distress Case
To sufficiently establish this type of case, it will be necessary to produce valid medical evidence. This will usually be generated by a psychologist or other medical professional. The emotional distress cannot be temporal. Instead, it needs to be a continuous ailment that doesn’t show signs of ending. Further evidence will need to be provided depending on the basis for the claim. An experienced attorney can help you determine if you should proceed with a case for negligent infliction of distress, or intentional infliction.
If you believe you are the victim of an incident leading to emotional distress, contact a personal injury lawyer for help. Spencer and Jensen, PLLC can assist you with these types of lawsuits. Contact Spencer & Jensen as soon as possible to ensure your claim is filed within the applicable statute of limitations.