In a personal injury case, it’s very common to hear arguments about liability for physical injuries and damage to property. But did you also know that the tort law recognizes emotional and psychological harm as a distinct form of injury? As such, you can sue the defendant in a personal injury case if their actions caused you emotional trauma. Previously, under the traditional law, victims could only include damage for emotional harm only when they had sustained physical injuries. Eventually, the court recognized the infliction of emotional trauma as its independent cause of action, even without an accompanying physical injury or property damage. However, proving emotional trauma in court and getting a claim can be tricky, which is why this article will address two main types of emotional trauma claims that are admissible in court.
Alt: Ambulance at an Accident Scene
Intentional Infliction of Emotional Distress
If a defendant’s action leading to emotional trauma was an act of gross negligence, you can work with a personal injury law firm in South Bend to sue the defendant for damages for intentional infliction of emotional distress. In dealing with such cases, the plaintiff and legal team need to prove that the defendant’s actions were intentions. However, proving intentions to cause distress can be very subjective. As such, most defense lawyers instead prove gross negligence which falls in between intent to cause harm and ordinary negligence.
Also, you need to prove the defendant’s action caused severe emotional distress. This should be easy to prove with testimony from professionals and close friends and family about how the experience has affected your well-being. A brief period of humiliation or unhappiness that a massage session can help improve does not suffice in court for an emotional distress claim. So, work with your lawyer to get the compensation you deserve.
Negligent infliction of emotional distress
In court, the theory of negligence is one of the arguments a personal injury lawyer presents in court for an emotional trauma claim. As the name implies, this type of emotional distress is caused by the actions of the defendant out of negligence. While their actions were negligent it does not make them any less liable for their actions.
According to the law, every individual is responsible for their actions and must carry out their actions with responsible care so as not to cause harm or damage to life or property. But if the defendant’s action caused the plaintiff to suffer severe emotional injury and is closely tied to the plaintiff’s injury to the defendant’s negligence, then the defendant is liable for damages.
If the plaintiff was in the zone of danger of physical harm by the defendant’s negligent behavior, then the plaintiff can seek damages for mental trauma sustained as a result. In a minority of cases, some states do not require the plaintiff to be in the zone of danger. Typically, negligent infliction of emotional trauma occurs in car accidents due to negligent driving. For example, a driver running a red light, a poorly maintained vehicle, and so on.
