How Much Can You Sue for Emotional Distress

When it comes to personal injury lawsuits, the end goal is always to recoup a settlement that will cover the damages one has sustained in an accident that was caused by another party. For the most part, attorneys and insurance adjusters will haggle over compensatory damages, such as property damages, lost wages and limits to future earnings, and medical expenses. However, there are also damages that are known as non-economic, and one such type is called emotional distress.

Emotional distress is a complicated legal concept that may be difficult to prove depending on the case, but with the help of an experienced pain and suffering personal injury attorney such as those from Van Law Firm, it may certainly be possible.

After reading this guide, if you would like to pursue further with a legal claim, call our law office today for a free case evaluation.

What is Emotional Distress

Emotional distress (often referred to as mental anguish) refers to significant mental suffering caused by another person’s actions. It is often linked to feelings and conditions like:

• Post-traumatic Stress Disorder (PTSD)
• Severe mood swings
• Depressive disorder
• Trouble sleeping
• Increased anxiety
• Anger and rage

It is worth noting that certain symptoms of emotional distress may be so debilitating that victims may require long-term medical care and rehabilitation to deal with their trauma.

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What are the Different Types of Emotional Distress You Can Sue For according to Nevada law?

There are two types of emotional distress in law; negligent infliction of emotional distress and intentional infliction of emotional distress:

• Negligent Infliction of Emotional Distress (NIED): This occurs when the defendant’s negligence causes a traumatic event, such as a car crash, resulting in the victim suffering from emotional distress. The distress must result from a physical injury or be so severe that it results in physical symptoms.
• Intentional Infliction of Emotional Distress (IIED): The conduct displayed by the defendant must be extreme, intolerable, or reckless. An example of this would be long term harassment directed toward the victim. The conduct must be proven to be intentional beyond a reasonable doubt. The emotional suffering that results from this conduct must be severe. Physical symptoms alongside the mental distress/disturbance is not required.

Motor vehicle accidents always fall under negligent infliction of emotional distress since they are not intentional events.

Formulating Emotional Distress Defenses in Personal Injury Cases

If someone is injured to the point that they choose to file a personal injury lawsuit, it is reasonably safe to assume that he or she will seek and receive medical treatment of some kind.

Whenever you are treated for physical injuries that were caused by a separate party, the doctor will ask you to recount any psychological and emotional symptoms that you’ve experienced. Emotional distress that is documented by a physician is probably the most powerful piece of evidence an attorney can present when arguing for emotional distress.

In addition, at Van Law Firm, we always advise our clients to keep a periodical journal or diary in which they note how they are feeling throughout the day. These details can be as broad or as minute as you’d like, and in many cases these notes can be used for your case.

Lastly, the final way in which a personal injury attorney may argue for emotional distress on your behalf is by compiling those who are close to you to testify about how your injuries have affected you– this can include your:

• Family members
• Close friends
• Or even your coworkers.

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What Types of Accidents Can Cause Emotional Distress?

Emotional distress can arise from various life-altering incidents, often leaving people grappling with lasting psychological impacts. Below are some of the most common types of accidents and situations that may lead to emotional distress claims:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Workplace injuries and premises liability incidents
• Workplace harassment or discrimination
• Medical malpractice
• Dog Bites and other animal attacks
• Wrongful death of a loved one
• Defamation or invasion of privacy

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How Much Can You Get If You Sue for Emotional Distress?

The purpose of emotional distress damages is to attempt to reimburse accident victims for the psychological toll that their injuries have had on their quality of life. There are numerous ways in which emotional distress may affect a person’s life.

The amount of compensation for emotional distress varies based on several factors. While there’s no fixed formula, courts often consider the severity of the distress and its impact on your quality of life.

Factors That Influence Emotional Distress Compensation

• 1. Severity of the Emotional Distress: Severe conditions like PTSD or chronic depression typically result in higher awards.
• 2. Physical Symptoms: Emotional distress often manifests as physical symptoms, such as insomnia, headaches, or loss of appetite, which can strengthen your emotional distress claim.
• 3. Medical Documentation: Therapy records, prescriptions, and expert testimony from mental health professionals are crucial in proving the extent of your suffering.
• 4. Defendant’s Conduct: Outrageous or intentional actions by the defendant may increase compensation amounts.
• 5. State Laws and Caps: Some states place limits on non-economic damages, which can affect your claim.

How to Calculate Emotional Distress Damages

Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what’s called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 and 5. That total then becomes the overall settlement proposal that will be presented to the at-fault party or insurer.

In Nevada, the compensation for emotional distress varies widely depending on the specific circumstances of the case, the severity of the distress, and the supporting evidence presented. While there are no fixed amounts or averages unique to Nevada law, settlements generally align with the degree of emotional trauma and its impact on the plaintiff’s life.

For example:

• Moderate Emotional Distress: Cases involving moderate emotional distress, such as anxiety or depression requiring therapy but not extensive treatment, may result in settlements ranging from approximately $30,000 to $75,000.
• Severe Emotional Distress: For severe emotional distress, such as PTSD or ongoing mental health conditions that significantly disrupt daily life, settlements can potentially exceed $100,000. In cases involving extreme trauma or intentional infliction of emotional distress (IIED), compensation may reach or exceed $500,000, depending on the jury’s assessment of the damages and the facts of the case.

In Nevada, juries are tasked with determining a fair and reasonable amount of compensation based on the unique details of each case. This ensures that the award is proportional to the severity of the emotional distress and its documented impact on the victim’s life.

How Long Do You Have to Sue for Emotional Distress in Nevada?

In Nevada, the statute of limitations for personal injury cases, including claims for emotional distress, is generally two years from the date of the injury or incident that caused the emotional distress. This timeframe applies to most personal injury cases, such as motor vehicle accidents, medical malpractice, and wrongful death claims. Failing to file a lawsuit within this two-year period may result in losing your legal right to seek compensation.

Exceptions for Minors

If the victim is a minor (under the age of 18) at the time of the incident, Nevada law allows for the statute of limitations to be tolled until the child reaches their 18th birthday. Tolling means that the clock on the statute of limitations is paused, giving the minor until their 20th birthday to file a claim.

Importance of Timely Legal Action

Navigating the statute of limitations and determining the appropriate timeframe for filing a lawsuit can be complex. If you’re concerned about whether you can still pursue a claim for emotional distress, consult an experienced attorney. They can provide clarity on the filing requirements, ensure all necessary documentation is prepared, and guide you through the process to meet Nevada’s statutory deadlines. Taking timely action is crucial to protect your right to seek compensation.

Look to Hire a Personal Injury Lawyer & Recover Emotional Distress Damages with Van Law Firm

If you’ve suffered from an accident due to another party and you wish to file for non-economic damages such as emotional distress, the award-winning personal injury attorneys for Van Law Firm are the best choice to maximize your compensation.

We’ve amassed nearly 500 5-star reviews over the years, and when you consider the fact that we’ve recovered over 50 million dollars for our clients so far, it’s no surprise why we’re one the most respected and fastest growing firms in the nation.

Ready to depend on a team of compassionate, reliable, and reliable personal injury lawyers? Read our testimonials and contact us today at our law firm for a free consultation: (725) 266-7578.