Stress and anxiety are inescapable companions in your life. However, if the stress directly results from trauma, it can impair your ability to function properly. Suffering brings feelings of melancholy and isolation. You may also experience insomnia or have trouble falling asleep. Many people also fail to understand that stress can have long-term emotional and physical consequences. A recent analysis indicated that around 5 million people worldwide die of mood, stress, and anxiety disorder.
You can sue the person or parties responsible for injury or harm to you and your loved ones if this happens. In essence, physical injury is not the only reason for filing a lawsuit against a party. In some cases, it is an outside force that causes emotional distress. You can base your claim on emotional pain caused by another’s actions and neglect—intentional or unintentional. In legal terms, it is called mental anguish. By filing a lawsuit against the culprits, you can demand compensation for your loss, whether it is loss of health, life, or job or a chance to live a happy and stress-free life.
Who to contact for filing a compensation claim?
Filing legal claims can be very complicated. Gathering proof of emotional distress is much harder than physical injury due to its abstract nature. The process is often long and cannot be successfully established without the help of an attorney. However, you must ensure that the lawyer is adept at handling personal injury cases similar to yours. For instance, if asbestos exposure at your workplace leads to a mesothelioma diagnosis, you will contact a mesothelioma attorney to file a lawsuit against your employer. Similarly, suppose emotional distress occurs due to the negligence of the medical staff, resulting in a birth injury to your newborn. In that case, the right person to turn to is a birth injury lawyer. So, you should look for a lawyer depending on the type of lawsuit you want to file. Here are some common causes that you can file for emotional distress and psychological trauma.
- Medical malpractice lawsuit
Suing the party for medical malpractice is one of the ways to demand compensation for your loss. When the staff fails to provide safe and quality care to the patients and leads to the patient’s suffering, you can file an emotional distress lawsuit. Some medical malpractice cases include failure to diagnose a condition or misdiagnosis, surgical errors, premature hospital discharge, improper medication or wrong dosage, etc. This type of medical negligence can cause a patient’s condition to deteriorate and cause undue stress and emotional trauma.
- Witnessing a wrongful death
Witnessing the death of someone can be very traumatizing and leaves a lasting emotional impact on the person. Therefore, such people struggle to go about their lives. Hence, they qualify to file a lawsuit for emotional distress.
- Personal injury
Personal injury law is not limited to physical injury only but encompasses many other types of lawsuits. It refers to any injury, loss, or damage to one’s body and mind. The plaintiffs ask for compensation for physical and emotional damage in personal injury lawsuits. Therefore, in the case of mesothelioma, the compensation amount also considers the psychological trauma that patients face. Mental distress lawsuits consider the uncertainty, hopelessness, phobia, changes in mood and behavior, and post-traumatic stress disorders that impact a patient and their family’s lives.
- Nursing home neglect
Millions of people live in nursing homes in the US. However, mistreatment in nursing homes is the most prevalent form of abuse residents endure in a nursing home. In a 2020 survey conducted by WHO, 12% of the nursing home staff agreed that they neglect the needs of their residents. In the same study, 12% of the residents or families reported neglect from the nursing home staff. The negligence causes emotional distress to the residents. They may shy away from asking for help or may develop a fear of getting reprimanded. Owing to these reasons, people facing nursing home neglect can file an emotional distress lawsuit.
- Wrongful arrests
A police arrest can be a setback for you and your family. It becomes even more unbearable if it is a wrongful arrest for a crime you did not commit. Research on the impacts of wrongful arrest states that the exonerees face issues returning to life as they develop a fear. Often their mental health is so impacted that they cannot function properly. They may have to leave their job due to their inability to work properly. Therefore, victims of wrongful arrests can apply for compensation for the emotional anguish they face.
What can you do to support your emotional distress lawsuit?
The success rate for getting compensation for filing any emotional distress lawsuits is only as much as you can prove the claim. The responsible party may not be eager to pay compensation for an emotional distress lawsuit, so it is important to be 100% prepared with your evidence and statements. The more evidence you have, the easier it will be for your lawyer to develop a strong case. Here is what you can do to prepare your case.
Provide evidence of the medical treatment
Legal professionals always emphasize getting medical treatment for emotional distress and psychological trauma. Treatments include medications, therapies, and counseling. The prescriptions of the doctor and your medical reports can act as evidence of what you had to face. Getting treatment is important not only for your case but also for your mental health and well-being.
Report the incident
Another recommended practice is reporting the incident as soon as possible. For instance, if medical malpractice causes you anguish, you should immediately file a legal complaint against the doctors or the hospital. Similarly, in case of a road accident due to someone else crossing the speed limit, immediately file a complaint with the police to make the incident a part of official records.
Be sure about your chances of winning the case.
Another aspect worth considering is that the case you are referring to must have the potential to be addressed under an emotional distress claim. Going through the legal process is futile if there is no chance of convincing the court that any trauma or emotional distress directly resulted from the defendant’s actions. Ensure that you have some proof to support your claim and that the injury overlaps with the definition of emotional distress. You can also turn to a lawyer to discuss your case before proceeding.
Conclusion
If the actions of someone causes you distress and mental agony—paranoia, nausea, and anxiety— you are eligible to file a mental distress lawsuit against the party. The case demands justice, and you receive monetary compensation for your physical and psychological loss. However, filing a mental distress lawsuit is not as simple as it may seem. Therefore, you need the services of the best lawyers to represent your case.
Photo by Scott Graham on Unsplash
