Injuries are not always physical, emotional injuries can be as debilitating as physical ones. Emotional injuries can lead to mental suffering which results in issues such as depression, anxiety, panic attacks and suicidal thoughts. If you have suffered emotional injuries, you might be wondering if you are able to sue the person responsible.
Can You Sue For Emotional Injury?
It is possible to file a lawsuit for emotional injuries and these are generally emotional distress claims. However, it is important to note that the lawsuit will depend on the state that you are in. You will need to consider the state laws and the facts of the case to fully determine if you are able to file an emotional distress claim.
There are several states where an emotional distress claim is reliant on a physical injury. In these states, you will need to prove that the physical injury caused your emotional injury and that the person you want to sue is responsible for this. There are some states where you are able to file an emotional distress claim without a physical injury, but you will need to prove that the emotional injury was caused by the negligence of the other person.
In general, you will be able to file an emotional distress claim if you have witnessed the injury or death of a family member. You can also file if you are a bystander to an event which caused death or injury, but you will have to prove that you were within the danger zone. It is also possible to file a claim if the body of a deceased family member was mishandled.
Your claim may also rest on the type of person you are. Fragile class individuals such as the elderly, children and pregnant women are more likely to have success with a claim. People who are classed as unusually sensitive will generally not be entitled to claim.
Contact A Personal Injury Attorney
The Miami Injury Lawyers are experienced in all categories of personal injury law. If you have been injured, physically or emotionally, due to another person’s negligent behavior, you may be entitled to compensation. Contact our office today to schedule a free consultation.