Emotional distress is a very difficult issue to deal with for children, teens, and adults alike. Emotional distress is caused by an extreme event in a person’s life that can affect them for the rest of their life. Suing for something like emotional distress is common, but it’s also very difficult at the same time. Why? Most emotional distress injuries are not physical, meaning they cannot be seen on the victim’s body. The victim will need to provide a lot of paperwork from their doctors about their diagnosis and subsequent treatment to move a lawsuit forward. Let’s take a deeper look at suing for emotional distress in today’s post.
Explaining Emotional Distress in Washington, PA
Let’s first begin with explaining emotional distress a little further. Emotional distress often involves anxiety, depression, post-traumatic stress disorder, suicidal thoughts, self-guilt and panic. Emotional distress most often occurs following severe intentional or accident harm caused to a person that could have been emotional or physical in nature. The basis of a strong emotional distress lawsuit would be that the actions of the defendant were extreme and outrageous, leading to the injuries suffered by the plaintiff.
Filing an Emotional Distress Lawsuit in Pennsylvania
If you have been dealing with anxiety, depression, panic, self-guilt, post-traumatic stress disorder or other emotional issues because of an extreme event in your life you will likely consider filing a lawsuit. For the most part, a plaintiff can file a lawsuit for emotional distress for any of the following:
- There was an incident involving the body of a deceased loved one in which the body was mishandled
- You personally witness the death or severe injury of a loved one or family member
- You witness, as a bystander, an event that instills fear of death or serious injury and were standing in the “zone of danger” related to the incident
There are two classes of people when it comes to dealing with emotional distress lawsuits. The first of those classes is known as the fragile class. This class includes the elderly, pregnant women, and children. This class is most likely to recover damages in an emotional distress lawsuit. The other class is known as the eggshell plaintiff class. This class is made up of people who are usually delicate or sensitive, and they can have a difficult time recovering damages from an emotional distress case.
Proving Emotional Distress in Uniontown, PA
As mentioned earlier, proving emotional distress can be very difficult. The best way to prove emotional distress is to provide the court with documentation regarding the diagnosis of your condition and of your subsequent treatment. The suffering you are enduring needs to be ongoing and that you might have even suffered a physical injury with the emotional distress. It’s possible for you to sue for intentional infliction of emotional distress if the defendant’s actions were intentional. If so, you will need to prove that the defendant acted in an outrageous and extreme manner and that the conduct of the defendant led you to suffer some form of emotional distress.
Emotional Distress Pennsylvania Claims
The various types of emotional distress claims include the following:
- Emotional distress used to recover damages for loss of consortium
- Emotional distress used to recover damages for pain and suffering
- Emotional distress considered parasitic, which means it came with harm to the body
- Emotional distress inflicted negligently
- Emotional distress inflicted intentionally
Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Emotional Distress Case in Pennsylvania
Did you or a loved one sustain serious injuries due to emotional distress in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Berger & Lagnese, LLC represent clients injured because of emotional distress in Erie, Butler, Cranberry Township, Indiana, and throughout Pennsylvania. Call 412-471-4300 or email us to schedule a free consultation about your case. We have an office conveniently located at 310 Grant Street Suite 720 Pittsburgh, PA 15219.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.