If you have suffered emotional distress because of another person's actions, you may be wondering if you can pursue damages against them through a personal injury lawsuit. In some circumstances, emotional distress can be considered a form of personal injury. “Personal injury” refers to any injury or harm a person suffers, including physical, emotional, or psychological injuries. Do not hesitate to contact the experienced attorneys at Arnold & Smith, PLLC, to schedule a complimentary case evaluation.
What is Emotional Distress?Emotional distress is a type of mental suffering that a single traumatic event or multiple events can cause. It can manifest in many ways, including post-traumatic stress disorder (PTSD), anxiety, depression, and insomnia. These conditions are not just in your head-they are real and can be attributed to emotional distress. We understand that emotional distress caused by a personal injury accident can be just as debilitating as a physical injury and can negatively impact a person's quality of life.
Sometimes, emotional distress can be considered a standalone cause for a personal injury lawsuit. In other cases, it is considered part of another type of personal injury claim, such as a claim for negligence. Suppose a person suffered an injury after slipping and falling on oil that leaked in a grocery store. They would have the right to file a lawsuit for damages against the grocery store because the grocery store caused their physical injuries.
They would also be able to pursue damages for their emotional distress. In personal injury lawsuits, there are two main categories of damages: economic and non-economic. Economic damages, such as property damage and medical expenses, are easily quantifiable. Non-economic damages, such as pain and suffering, loss of disfigurement, and other types of emotional damages, are more challenging to quantify.
Can You Sue for Emotional Distress in North Carolina?As mentioned above, most claims for damages for emotional distress involve physical injury. When a person is injured in a car accident, they can include damages for their pain and suffering in their lawsuit. However, pursuing damages for emotional distress is possible if you have not suffered a physical injury. Under North Carolina law, personal injury actions for intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED) are recognized causes of actions.
Intentional Infliction of Emotional Distress (IIED)Proving a case based on the legal theory of intentional infliction of emotional distress (IIED) can be challenging. You will need to prove that the defendant engaged in extreme and outrageous conduct that went beyond decency. You will also need to show that the defendant's actions caused you severe emotional distress or that they acted with reckless disregard, causing you to suffer emotional distress as a direct result.
One of the most challenging aspects of winning a claim for intentional infliction of emotional distress is proving that the defendant intended to cause you injury. However, suppose there are text messages, witnesses to conversations, emails, or other evidence showing that the defendant wanted to cause you harm. In that case, you can prove your claim successfully. Other types of evidence that can support your claim include medical records documenting your emotional distress and expert testimony from mental health professionals.
Negligent Infliction of Emotional Distress (NIED)Negligent infliction of emotional distress (NIED) is similar to intentional infliction of emotional distress, but as the name implies, the actions of the defendant do not need to be intentional. To succeed in a claim, you will need to prove that the defendant behaved negligently and that it was reasonably foreseeable that the defendant’s behavior would cause severe emotional distress.
You also need to prove that the conduct did cause you severe emotional distress. Proving negligence involves proving that the defendant owed you a duty of care to act reasonably under the circumstances and breach that duty of care, causing your injury. You will need to prove that your injury was a foreseeable and direct consequence of the defendant's actions and that you were damaged.
Recovering Compensation in North CarolinaProving a lawsuit solely based on emotional distress is difficult, but it is possible. To succeed, you will need to be able to prove that you suffered severe emotional distress because of someone else’s negligent or intentional behavior. Most of the successful lawsuits involve a person witnessing the injury or death of their loved one caused by someone else's negligence.
For example, if you witnessed your loved one dying in a car accident caused by a drunk driver, you may be able to obtain compensation for your emotional distress. Generally, you will need to prove you are in the same location and witness the devastating event. In some cases, individuals may be able to succeed in workplace-related cases if they have suffered because of a hostile work environment.