If you believe that you have suffered permanent or temporary emotional distress, it’s essential to keep a journal of how your mental state has been affected.
You’re probably wondering, “who could sue for emotional distress in New York?” It turns out that emotional distress damages can be a real thing in the State of New York. To file a claim, you would need to show your burden of proof to the courts is significant enough that your life has been affected. This type of suit comes into play when a person’s life has been significantly disrupted due to someone else’s negligence or deliberate action.
What is Emotional Distress?
Emotional distress damages can be permanent or temporary. For example, permanent emotional distress could come into play when a person has suffered from an injury that threatens physical well-being, such as a car accident. On the other hand, temporary emotional distress can occur when someone has been severely inconvenienced. For example, it could include someone forced to miss work for lengthy periods due to workplace injuries sustained at their job.
Reasons to Sue for Emotional Distress
One of the reasons to sue for emotional distress is if you have been injured in an accident and the injuries sustained have caused you to suffer trauma or emotional pain. For example, if you were in a car accident and suffered severe brain damage, you may have been so severely impacted that it has altered your ability to form emotional bonds with others. As a result, it could lead to a sense of loneliness or hopelessness that could constitute a claim for damages.
Can You Sue for Emotional Distress?
To file a lawsuit for emotional distress, you must meet specific criteria. One of the first steps is to prove that you have suffered a physical injury or illness. You also need to confirm that your mental state has been impacted, causing you distress. It can be challenging to prove a significant connection between the two in some cases. Your lawyer may need to request medical records from your primary care physician. They will also have to question you and the other parties involved in the case.
How to Sue for Emotional Distress?
Below are steps to take in filing a lawsuit for emotional distress.
1. Document Your Emotional State
If you believe that you have suffered permanent or temporary emotional distress, it’s essential to keep a journal of how your mental state has been affected. It will help demonstrate how the pain has affected your life and how long it may take to recover. If you are unable to write due to your impairment, ask a family member or friend to assist in taking notes on your condition.
2. Contact an Attorney
Once you’ve determined that you wish to file a lawsuit for emotional distress and have evidence to prove your case, it’s time to hire a professional Long Island NY, personal injury attorney. You should always find an attorney in your area who specializes in personal injury claims. It can help ensure that the attorney is familiar with local courts and judges, making it easier for them to negotiate the best possible outcome for your case.
3. File an Emotional Distress Lawsuit
To file a lawsuit for emotional distress, you may need to use legal terminology in your complaint. For example, you may have to state your reasoning as to why you’ve filed for emotional distress damages. If you have evidence proving that your symptoms have been caused by someone else’s negligence or deliberate action, it will be essential that you include this information in your claim. Your attorney and their team will take care of everything on your behalf.
4. Pre-Trial Preparations
You need to prepare a list of witnesses who can testify about the emotional distress that you’ve suffered. These witnesses are usually family members, friends, coworkers, or medical professionals who have been able to observe how your mental state has changed. They’ll be able to tell the court and jury exactly how your condition has impacted your life.
5. Going to Trial
Suppose you’ve been awarded damages for emotional distress via an insurance claim or a lawsuit. In that case, you can use the settlement money to cover the medical costs or lost income incurred due to your condition. Those responsible for someone else’s emotional distress might also be required to pay legal fees.
Emotional distress damages are an essential concept in personal injury cases. If you’ve suffered a loss due to someone else’s negligence, it could be beneficial to speak with an attorney to discuss your options.