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Personal injury claims are usually associated with visible damage such as a broken arm, a scar, or a limp. But some harm is not physical. Emotional trauma can run deep, affect daily life, and last for years. So, what is your option if you have been emotionally harmed without physical injury in sight? Is filing a lawsuit possible? Thankfully, emotional trauma can be the basis of legal action on its own.
What Emotional Trauma Looks Like in Legal Terms
Emotional trauma is also called emotional distress or mental anguish. It refers to psychological suffering. This can take the form of anxiety, depression, insomnia, or panic attacks. Also, symptoms of PTSD can be considered as emotional trauma. It can result from an event you experienced or witnessed and a pattern of mistreatment. Some people experience this trauma from something that left a deep psychological mark.
Bruises or broken bones are not legally required to acknowledge the impact of trauma. In fact, many states allow emotional distress to be a standalone claim under certain conditions. But it is usually harder to prove emotional trauma in court than it is with physical injuries.
When Emotional Trauma Becomes Grounds for a Lawsuit
The emotional distress must typically be serious and tied directly to someone else’s conduct to justify a lawsuit. Courts often look at whether the behavior was negligent or intentional. Also, they consider whether it caused significant disruption in your life.
Negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED) are the main patterns. The first deals with emotional harm caused by carelessness. An example is when someone’s negligence puts your life at risk or causes you to witness a traumatic event. The second applies when someone’s conduct is outrageous or malicious enough that it causes severe emotional suffering. The trauma must go beyond everyday stress in both cases. It needs to affect your ability to function or significantly changes your quality of life.
Proving Emotional Distress Without a Physical Injury
Proving emotional trauma without physical evidence can be tricky but not impossible. Courts depend on documentation and testimony. Medical records from a therapist or psychiatrist can help show how the trauma has impacted you. Consistent treatment, diagnosed mental health conditions, and prescribed medications paint a clearer picture.
Personal journals, text messages, and emails that show changes in your behavior or emotional state can also be useful. Sometimes, friends, family members, or coworkers can testify to how the event has affected your mood, behavior, or ability to function. It is important to focus on establishing that your emotional suffering is real, serious, and connected to the actions of the defendant.
Examples of Emotional Distress Cases
Claims involving emotional trauma arise in all types of situations. Victims of workplace harassment, for instance, may experience panic attacks or chronic anxiety. Witnessing a violent accident can trigger lasting trauma. Emotional distress is also common in wrongful death cases, which leave grieving family members facing serious psychological harm. Also, emotional suffering is often at the heart of a claim in cases that involve an assault.
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