New York City Personal Injury Law Blog

Emotional Distress Claim Explained

Posted on Oct 29, 2015 in Personal Injury, Personal Injury FAQs, Premises Liability

When one person causes mental or emotional trauma to another person through their depraved or selfish actions, then the victim can recover damages through civil action or litigation. An intentional, negligent, and reckless behavior or conduct can cause extreme stress.

You can file an injury claim in New York courts even if there is no physical injury or contact to accompany an emotional distress. Contact the New York City personal injury attorneys to know your rights and options to and to seek compensation for you suffering that you should not be going through.

What is Intentional Infliction of Emotional Distress [IIED]?

Emotional distress is claimable under personal injury law

Emotional distress is claimable under personal injury law

A person is said to have suffered Intentional Infliction of Emotional Distress when he or she experiences extreme mental anguish brought about by the outrageous or reckless behavior of another person. A bodily injury need not occur to prove this tort.

In case of Intentional Infliction of Emotional Distress the plaintiff needs to prove that:

  • The defendant showed reckless, intolerable, and outrageous behavior
  • The defendant acted intentionally
  • The intentional malicious behavior caused extreme and severe emotional distress for the plaintiff

Example of Intentional Infliction of Emotional Distress

A abducts B’s only child aged nine. A demands a ransom for the release of the child and threatens to kill the child if the conditions are not met with. As a result, B suffers mental agony and trauma caused by the extreme situation – child’s kidnapping and harassment. B develops high blood pressure and suffers heart attack, and fears losing the child. B is entitled to compensation from A for intentional infliction of emotional distress.

What is Negligent Infliction of Emotional Distress [NIED]?

Negligent infliction of emotional distress occurs when a person inflicts mental distress upon another person through negligent behavior. All cases need not involve physical injuries.

Example Negligent Infliction of Emotional Distress [NIED]

Patient A gets medication for his elevated hypertension. The pharmacist negligently fills the wrong medicine and Patient A suffers several side-effects not knowing the mistake. Patient A suffers heart attack due to untreated hypertension. He also suffers nausea, effects due to change in blood chemistry & depression symptoms due to wrong medication and suffering. The patient undergoes treatment in a hospital. Patient A is entitled to recover damages from the pharmacist due to negligent infliction of emotional distress. This can be in addition to medical malpractice.

In case of Negligent Infliction of Emotional Distress, the plaintiff needs to prove that:

  • The defendant was negligent
  • The defendant’s negligence caused physical and emotional distress & trauma to the plaintiff

Recording Emotional Distress

A professional endorsement by a physician, therapist, and psychiatrist of the plaintiff’s suffering can help the claim. Testimony from witnesses to the event during which the plaintiff suffered emotional breakdown, change in mood, suffered acute physical distress such as chest pain, can be obtained from coworkers, friends, and relatives.

If you or your loved one has been subjected to emotional distress or harassment call the New York City personal injury attorneys of RMFW Law for help.

RMFW only takes cases they believe have a relatively healthy shot at winning. The first consultation is free.They can help you get the right money you deserve after suffering emotional trauma that you should have had to deal with. Call 212 697 9280 if you want to hear our winning plan for you if your case is viable.

Your financial situation affects the rest of your life. RMFW’s knows how to win cases and help solve people’s problems with a financial results they are comfortable with. RMFW cannot solve all of your problems but with bills piling up and your financial struggles, RMFW can turn the tide in your life to help you get back on track and even possibly come out a little better off. They have won millions of dollars for past clients, you can be on this victorious list too.

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