Emotional distress often has a major impact on an individual’s life, frequently leading to mental anguish, physical symptoms, and a diminished quality of life. In Massachusetts, individuals who experience emotional distress due to another party’s negligence or intentional actions may have the right to pursue legal action. However, proving emotional distress and obtaining compensation can be complex. This article explores the legal framework, types of claims, and steps involved in suing for emotional distress in Massachusetts.

What Is Emotional Distress in Legal Terms?

Emotional distress refers to psychological suffering caused by an event or incident that arises from another party’s actions. It can manifest in various ways, including:

In the legal context, emotional distress is considered a type of non-economic damage, distinct from tangible losses like medical expenses or lost wages. Non-economic damages aim to compensate individuals for pain and suffering, including the mental stress caused by the incident.

Legal Basis for Emotional Distress Claims in Massachusetts

Under Massachusetts law, individuals can sue for emotional distress under two primary theories:

  1. Negligent Infliction of Emotional Distress (NIED): NIED occurs when a defendant’s careless or negligent actions cause the plaintiff significant emotional harm. To succeed in an NIED claim in Massachusetts, the plaintiff must prove the following elements:
    • The defendant owed the plaintiff a duty of care.
    • The defendant breached that duty through negligence.
    • The plaintiff experienced emotional distress as a direct result of the breach.
    • The distress was severe enough to result in physical manifestations or diagnosable mental health conditions.
  2. Intentional Infliction of Emotional Distress (IIED): IIED claims happen when a defendant’s deliberate and outrageous conduct causes severe emotional suffering. The plaintiff must demonstrate:
    • The defendant’s actions were intentional or reckless.
    • The behavior was extreme and outrageous, exceeding all bounds of decency.
    • The conduct directly caused the plaintiff severe emotional distress.
    • The distress was so severe that no person could really be expected to endure it.

Examples of Emotional Distress Cases

Understanding how emotional distress claims apply in real-world situations can provide better context. Some examples include:

  • Workplace Harassment: A hostile work environment involving harassment, bullying, or discrimination may lead to emotional distress claims.
  • Medical Malpractice: Emotional suffering resulting from a medical professional’s negligence, such as a misdiagnosis or a botched procedure, may warrant compensation.
  • Car Accidents: Witnessing the traumatic injury or death of a loved one in an accident caused by another party can give rise to emotional distress claims.
  • Intentional Acts: Cases involving assault, false imprisonment, or defamation may result in IIED claims.

The Role of Physical Evidence in Proving Emotional Distress

Proving emotional distress can be challenging, as psychological suffering is inherently subjective. Massachusetts courts typically require physical or medical evidence to substantiate claims. This may include:

  • Medical records documenting treatment for anxiety, depression, or PTSD.
  • Testimony from mental health professionals, such as therapists or psychiatrists.
  • Evidence of physical symptoms caused by emotional distress, such as ulcers, headaches, or insomnia.
  • Journals or personal accounts detailing the emotional impact of the incident.

Without objective evidence, it may be difficult to convince a court of the severity of the distress.

Statute of Limitations for Emotional Distress Claims

In Massachusetts, the statute of limitations for filing an emotional distress lawsuit depends on the underlying cause of action. Generally, plaintiffs have three years from the date of the incident or discovery of the harm to file a claim. However, certain exceptions, such as cases involving minors or incapacitated individuals, can extend the deadline.

Damages Available in Emotional Distress Claims

Plaintiffs who successfully prove their emotional distress claims may be entitled to various types of compensation, including:

  • Medical Expenses: Costs associated with therapy, counseling, or psychiatric treatment.
  • Lost Wages: Compensation for time off from work due to emotional suffering or related medical treatments.
  • Non-Economic Damages: Monetary awards for pain, suffering, and loss of enjoyment of life.
  • Punitive Damages: In cases of IIED, courts may award punitive damages to punish the defendant for egregious behavior.

How to Strengthen Your Emotional Distress Claim

If you believe you have a strong emotional distress claim, taking proactive steps can significantly strengthen your case:

  1. Seek Medical Help: Consult a therapist or mental health professional to diagnose and document your emotional distress.
  2. Collect Evidence: Gather evidence of the defendant’s actions, such as witness statements, photos, videos, or written communications.
  3. Document Your Suffering: Keep a log of your emotional and physical symptoms, along with any impact on your daily life.
  4. Consult an Experienced Attorney: A lawyer specializing in personal injury law will guide you through the process, assess the strength of your case, and advocate on your behalf.

Conclusion

Suing for emotional distress in Massachusetts is a viable option for individuals who suffer severe psychological harm due to another party’s actions. Whether pursuing a claim for negligent or intentional infliction of emotional distress, plaintiffs must be prepared to present compelling evidence and navigate the complexities of the legal system. 

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Navigating Massachusetts Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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