Injury victims of personal injury cases may be able to collect a range of damages to help with their recovery. Medical expenses incurred as a result of the injury, such as those associated with hospitalization, physical therapy, and other similar services, will be a part of the compensation you are awarded. However, some victims also suffer from psychological and emotional health issues due to their physical injuries.
It is possible for victims to experience emotional distress and need medical attention even if they did not suffer physical harm. Whether it's a car accident, a slip and fall, or a dog bite, the mental health of the victim can be affected, though emotional distress is something most accident victims do not think about.
The question we are asked often is: Can I sue if an accident in New York has caused me emotional distress? The answer is yes, but proving emotional distress can be difficult.
Continue reading for more information on cases of emotional distress in New York, but if you have been in an accident and are suffering emotionally, call the law firm of Brandon J. Broderick, Attorney at Law for help. Our personal injury attorneys have a wealth of knowledge and are ready to assist you.
What Is Emotional Distress?
After an accident, it's common to be emotional. Emotions such as dread, shock, or even anger may surface. But if your emotional state becomes severely distressing, you may be able to file a claim for compensation.
Following an injury, you may get compensation for emotional distress if you can prove the following:
- The defendant's acts were extreme
- Their actions were intentional or negligent
- It led to your emotional distress and physical injuries
If you are able to prove these elements, you may have a claim for intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED).
Intentional Infliction of Emotional Distress (IIED)
Defendants may be liable for intentional infliction of emotional distress (IIED) when they do it on purpose, such as making direct verbal threats.
For the act that is committed must be so outrageous that the public would find it completely unacceptable.
Negligent Infliction of Emotional Distress (NIED)
Someone may be liable for negligent infliction of emotional distress (NIED) when their actions were careless rather than malicious, such as driving under the influence, for example.
Can I Sue For Emotional Distress in NY?
The process of filing a claim for emotional distress can be challenging. Generally, you must file for emotional distress along with damages such as medical costs, lost income, pain and suffering, etc. When it comes to proof, IIED and NIED typically demand the same kinds of evidence as these other losses.
Make sure you record the losses linked to your emotional distress, and save any documentation to support the claim, such as mental health records and even a journal.
Claims for IIED and NIED are often denied by insurance companies, which is why a lawsuit may be necessary to recover compensation.
Are You Experiencing Emotional Distress? Allow Brandon J. Broderick To Help You
For immediate assistance with questions regarding damages for emotional distress, please contact the law office of Brandon J. Broderick, Attorney At Law in New York. We specialize in personal injury cases of all types.
Schedule a no-cost consultation with us today.