Can You Sue for Emotional Distress?

Experiencing the harrowing turmoil that comes after a car accident, medical malpractice, or severe bullying in Bridgeport is overwhelming and financially tolling. As the stress builds, what happens to your mental health? Can you sue for emotional distress in Connecticut? Let’s find out.

Brill Law Group is a trusted personal injury lawyer in Bridgeport, CT. We are here to help you heal from your accident, including physical and emotional healing. Seeking compensation to help pay for the medical bills and loss of income is a necessary step, and we can take care of it for you.

The Effects of Emotional Distress

The psychological impact of injury is not entirely felt until the shock of the accident is over. Emotional distress includes post-traumatic stress disorder (PTSD), fear of getting back in a car or doing everyday tasks, and nightmares reliving the accident.

Types of emotional distress claims play into the value of your case. Let’s talk about intentional vs. negligent emotional distress.

Negligent Infliction of Emotional Distress (NIED)

NIED occurs when someone’s careless actions (without intent to harm) cause emotional trauma to another person. To win a NIED case, you must prove that the person’s negligence directly caused your emotional suffering, even if they didn’t intend to hurt you.

Intentional Infliction of Emotional Distress (IIED)

IIED involves deliberate behavior meant to cause severe emotional harm. You must show that the conduct was extreme and outrageous and that it intentionally or recklessly inflicted emotional distress.

Legal Grounds for Suing for Emotional Distress

Work with your personal injury lawyer to sue for emotional distress and prove NIED and IIED. For NIED criteria in Connecticut, your lawyer will build a case, including collecting evidence that points toward negligence.

One example of this is a pedestrian accident. If the responsible party causes harm to you while you are crossing the street on a crosswalk, you can prove negligence. The driver has a duty to yield to pedestrians on the crosswalk. Although it may not be their intent to hurt you, they were negligent and did not obey the laws, resulting in your injury.

On the other hand, with IIED, you must prove the responsible party’s conduct was extreme and outrageous. For example, if you are suffering from severe bullying at work, including disparaging information or personal photos being passed around without your consent, you have a right to sue for emotional distress. The at-fault party is trying to cause you emotional harm.

Work with a Bridgeport emotional distress lawyer to prove intentional or negligent infliction of emotional distress. You do not have to handle the case on your own.

Requirements for Filing an Emotional Distress Lawsuit

Evidence Needed

Evidence for emotional distress claims include medical records from your accident and beyond with your psychologist. Witness statements are also necessary to help determine fault. Your lawyer may bring in expert witnesses to share their perspective on your condition and how the emotional distress can affect someone’s life.

Statute of Limitations

You and your lawyer must follow the filing deadlines in Connecticut to ensure the case doesn’t get thrown out. Most personal injury cases are to be filed within two years of the accident, with some exceptions. Filing a claim within the limits of the emotional distress statute of limitations will set your case up for success.

Compensation for Emotional Distress

Damages in emotional distress lawsuits include the following:

• Medical expenses
• Therapy costs
• Pain and suffering
• Loss of income due to the incapacity to return to work

When calculating damages, factors affecting emotional distress compensation include the severity of distress and its impact on your daily life. Work with your lawyer to fight for fair compensation in your emotional distress lawsuit.

How to Choose the Right Lawyer for Emotional Distress Claims in Bridgeport

Experience and Specialization

Choose a lawyer who has worked with clients who sue for emotional distress. Your lawyer may be very familiar with bullying cases or medical malpractice that leads to severe PTSD. Hiring an experienced personal injury attorney in Bridgeport will benefit your case.

Client Reviews and Testimonials

Learn about the lawyer’s history through online reviews and community feedback. Hearing about the lawyer by word of mouth from someone you trust is the best way to receive an attorney recommendation. You can also seek client testimonials in Bridgeport to understand how the law office helps victims of personal injury every day.

Initial Consultation

Get a good feel for your lawyer at the initial consultation. Ask for statistics on past cases. Learn about their communication style and if you will be a priority. Most lawyers offer a free consultation for an emotional distress claim, so you do not have to pay to meet the lawyer and see if you can work together.

Work with a Compassionate and Understanding Lawyer in Bridgeport

When you are ready to take action and sue for emotional distress, it is important to have an understanding lawyer by your side. Pursuing a personal injury case related to emotional distress is complex and requires solid evidence.

At Brill Law Group, we have experience working with emotional distress cases and advocating for our clients. We are ready to help you fight for justice and receive the compensation you deserve. Schedule a free consultation with us to get started. Our office will not charge you any fees until we win your case and you receive your settlement.