Can I Sue for Emotional Distress After an Accident?

When most people think of personal injury lawsuits, they picture compensation for medical bills, lost wages, and other tangible monetary losses. However, many accident victims also suffer severe emotional distress that can be just as devastating and deserving of legal recovery.

In this post, we’ll discuss when and how you can sue for emotional distress damages in Nevada.

What is Emotional Distress?

Emotional distress is a type of mental suffering or anguish caused by an experience of trauma or injury. In the context of personal injury law, it refers to the negative psychological impact of an accident or incident.

Some common signs and symptoms of emotional distress include:

• Anxiety, stress, and fear
• Depression and mood swings
• Sleeplessness or nightmares
• Loss of appetite
• Lack of energy and motivation
• Anger and irritability
• Post-traumatic stress disorder (PTSD)

Importantly, you do not need to have suffered a physical injury or financial loss to experience compensable emotional distress. Witnessing a traumatic event, such as a loved one’s injury or death, or even the threat of injury to yourself, can be sufficient if the distress is severe enough.

Proving Negligent or Intentional Infliction of Emotional Distress

To recover for emotional distress in Nevada, you generally must prove that the defendant (the person you’re suing) either:

1. Negligently inflicted emotional distress through their careless or reckless actions; or
2. Intentionally inflicted emotional distress through extreme and outrageous conduct.

Negligent Infliction of Emotional Distress

Negligent infliction of emotional distress (NIED) occurs when the defendant’s negligent conduct causes mental or emotional harm to the plaintiff (the person suing). Under Nevada law, you can sue for NIED if you either:

• Suffer a physical injury or illness as a result of the emotional distress; or
• Witness an injury to a close family member and suffer emotional distress as a result.

The second scenario is known as “bystander” NIED. To recover, you must prove:

• You witnessed the injury to your family member firsthand
• You were in close proximity to the incident
• Your emotional distress was genuine and serious

Common examples of negligent acts that could support an NIED claim include:

• A car accident caused by a distracted driver
• Medical malpractice resulting in the death of a child during birth
• A defective product explosion that injures a consumer

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress (IIED) goes a step beyond negligence. For this claim, you must show the defendant acted intentionally or recklessly in a way that was “extreme and outrageous,” beyond the bounds of decency in civilized society.

Some examples of conduct that may qualify as extreme and outrageous:

• Threats of violence and physical intimidation
• Racial insults and discriminatory harassment
• Knowingly telling harmful lies about a person
• Sexual assault or abuse

The standard of proof for IIED is very high given its intentional nature – merely being rude, insulting, or inconsiderate is not enough. The distress suffered must be so severe that no reasonable person would be expected to endure it.

Damages Available for Emotional Distress

If you prove negligent or intentional infliction of emotional distress, you can recover compensatory damages for both economic and non-economic losses. Economic damages are measurable financial costs like medical bills for therapy and lost income from missed work. Noneconomic damages compensate for subjective harms like pain and suffering.

In rare cases involving particularly egregious intentional conduct, you may also be awarded punitive damages. Rather than compensating the plaintiff, the purpose of punitive damages is to punish the defendant and deter similar misbehavior in the future.

Challenges in Emotional Distress Cases

Suing for emotional distress can be more difficult than other personal injury claims for a few key reasons:

1. By their nature, emotional injuries are harder to observe and measure than physical damage. There may be little objective evidence of the distress aside from the plaintiff’s own testimony.
2. Defendants and insurers tend to be skeptical of emotional distress damages, which they view as vulnerable to exaggeration and fraud. They may argue the plaintiff is malingering or that their condition stems from a preexisting mental health issue.
3. Many people are still reluctant to discuss mental health struggles due to social stigma. Plaintiffs may be uncomfortable sharing details of their distress and treatment in depositions and open court.

To overcome these challenges, it’s crucial to work with an experienced Nevada personal injury attorney. Your lawyer can help you document your distress, obtain expert mental health opinions, and build a compelling case for fair compensation.

Statute of Limitations for Emotional Distress Claims

As with most personal injury lawsuits in Nevada, claims for negligent or intentional infliction of emotional distress must be filed within two years of the date of injury in most cases. If you attempt to sue after this deadline passes, your case will almost certainly be dismissed.

Given this strict time limit, it’s critical to consult with a knowledgeable personal injury lawyer as soon as possible after an accident or incident. Your attorney can promptly investigate your case, gather essential evidence, and file your emotional distress claim in a timely manner.

Discuss Your Case with a Nevada Personal Injury Lawyer

If you believe you have a potential claim for emotional distress damages after an accident, the experienced attorneys at Benjamin Durham Law Firm are here to help. We understand the profound impact a traumatic event can have on your mental well-being, and we’re committed to pursuing the full compensation you need to cope with the aftermath.

When you meet with us for a free initial consultation, we’ll listen to your story with empathy and understanding. We’ll then provide an honest assessment of your emotional distress claim and explain your legal options for moving forward. If we take your case, we’ll aggressively advocate for your rights at every stage of the process.

Don’t let the responsible party diminish or dismiss the real emotional harm you’ve suffered. Contact Benjamin Durham Law Firm today to schedule your free case review and take the first step toward justice.