Emotional distress is the mental and emotional suffering that a person experiences when they are involved in a traumatic event, an event that causes a person to suffer an emotional injury that may be severe, e.g., a car accident, for example.
Emotional distress is often characterized by a number of symptoms, such as anxiety, depression, or post-traumatic stress disorder (PTSD). It may even cause physical symptoms such as sleeplessness, headaches, and nausea. Other symptoms are possible as well.
In Ohio, a person may claim that they were the victim of an intentional emotional distress or negligent emotional distress. A local attorney in Ohio would be able to provide more information.
What Is the Zone of Danger?
The zone of danger rule is a legal concept. It limits the liability of a person who is alleged to have inflicted emotional distress on another person through their negligence. The victim is limited to recovering damages only if the following circumstances are present:
- At risk of physical harm: The victim was, in fact, placed at risk of suffering immediate physical harm by the other person’s negligence and
- Fright: The risk of immediate harm, in fact, frightened the victim.
So, a person may not claim negligent infliction of emotional distress for the sole reason that they were in fear of suffering physical harm. They had to be at risk of suffering physical harm in fact.
State Variations: Emotional distress rules are not the same in every state. Some states still require proof of physical symptoms before you can recover. Ohio does not require a physical injury for a negligent infliction claim, though physical symptoms can help show how serious the distress was.
States also differ on the kind of conduct that counts and how long you have to file. Because of this, it helps to work with a lawyer who knows the rules in the state where the harm happened.
What Types of Emotional Distress Claims Are Available?
A person may sue for the negligent infliction of emotional distress or the intentional infliction of emotional distress.
Per Ohio personal injury laws, a claim for the intentional infliction of emotional distress would be appropriate in cases in which the emotional distress is sufficiently “serious” and the conduct of the person who inflicted the harm was intentional. For a claim of emotional distress to succeed, the victim’s distress must be “severe” and “debilitating.”
To prove that the infliction of emotional distress was intentional, a person would have to show that another person acted deliberately or recklessly and that their conduct caused the person to experience severe mental anguish. Again, the intentional conduct that causes the distress would have to be outrageous, e.g., threats to a person’s physical safety, false imprisonment, or unjustifiable interference with their significant economic prospects or another comparable act.
To state a cause of action for the negligent infliction of emotional distress, a person must claim the following:
- Severity: Serious emotional distress that can be characterized as “severe” and “debilitating”
- Conduct: The conduct that caused distress was not intentional.
Generally, cases involving the negligent infliction of emotional distress involve a bystander to an accident rather than the person who was directly involved in it. However, the victim might have been involved in an accident or other incident caused by the negligence of another person as well. A person could consult an Ohio lawyer to help them learn whether the circumstances of their injury could serve as grounds for a claim for emotional distress.
It is important to note that a claim for the infliction of emotional distress may also be one of the elements of injury asserted by a person who has also suffered a physical injury in an incident. Of course, emotional distress may also be experienced by a person who suffers serious physical injury. However, a person who does not suffer a physical injury may be able to claim that they are a victim of the infliction of emotional distress.
Some factors that determine whether emotional distress that was inflicted negligently would qualify for compensation include the following:
- Location: Whether the victim was located near the scene of an accident or event as opposed to being some distance away.
- Timing: Whether the shock resulted from a direct emotional effect on the victim from personally observing the accident or event at the time it happened as contrasted with learning of the accident from others after it was over.
- Relationship: Whether the victim was closely related to a person involved in the accident or event as opposed to having no relationship or only a distant relationship.
Process/Steps: Most emotional distress cases start with a talk with a lawyer who reviews your facts and helps you gather proof. The next step is filing a document called a complaint in the right Ohio court. The complaint explains your claim and the money you are asking for. The other side is then served with the complaint and given time to respond. After that, both sides exchange information, and the case may settle or move toward trial.
How Much Can I Recover in My Lawsuit for Emotional Distress?
It can be challenging to put a dollar value on a claim for emotional distress. Compensation for economic losses could be part of a claim for emotional distress. Such items as bills for medical treatment for the treatment of symptoms of emotional distress and lost wages if a person missed work could be part of such a claim.
Some of the factors that affect the value of emotional distress in a lawsuit include the following:
- Severity of the Distress: This is a big factor in calculating the value of a claim. If a person’s emotional distress is so severe that they can no longer work or live as they did before they suffered injury, their compensation would reflect that.
- Duration of the Distress: The length of time for which a person or their loved one has suffered emotional stress is another important factor for the success of a lawsuit. Emotional distress that lasts for a longer period of time and requires continuing care is more likely to result in more compensation.
- Adverse Effect on the Victim’s Life: Emotional anguish resulting in the loss of a person’s career, diminished enjoyment of life, or negative impact on their relationships should be considered when assessing the value of a person’s claim.
- Nature of the Accident: The facts of the incident that causes the distress is a factor, of course, in calculating the award that a person deserves for the emotional distress a person experiences. For example, the harm caused by a standard car accident may be viewed differently than the distress caused by a negligent medical professional.
Costs/Fees: Filing a lawsuit comes with some costs. You usually pay a court filing fee when you start your case, and the amount changes from one Ohio county to another. There can also be charges for serving the other side with the lawsuit. If your case needs an expert, like a doctor or mental health provider, expert fees can add up.
Many personal injury lawyers take these cases on a contingency basis, which means they get paid a share of what you win instead of a fee up front.
When Can I Bring My Emotional Distress Claim?
A person wants to file a lawsuit within the time allowed by the Ohio statute of limitations. If a person fails to file within this timeframe, their claim will be barred. They would lose their opportunity to recover compensation for their losses.
In Ohio, the statute of limitations for suing for emotional distress is different for intentional and negligent infliction of emotional distress. For intentional infliction lawsuits, the statute of limitations is usually four years from the date of the event.
A shorter limit can apply if the claim is based on conduct like assault or defamation. For negligent infliction lawsuits, the statute of limitations is generally two years.
Risks/Penalties: Emotional distress claims can be hard to win. Ohio sets a high bar, so the distress must be severe and debilitating, not just normal stress or upset. An intentional claim also needs conduct that was extreme and outrageous, and a negligent claim usually needs real physical danger.
If your facts do not meet these standards, a court can dismiss your case and you recover nothing. Missing the filing deadline ends the claim too.
How to Prove Emotional Distress in Court?
Proving emotional distress in Ohio starts with showing that the distress is serious. Courts describe serious distress as emotional injury that is severe and debilitating. Ohio does not require you to show a physical injury for a negligent infliction claim. Still, physical symptoms can be strong evidence of how serious the distress was, so they are worth documenting.
When presenting a case, it is important to provide medical documentation that supports the physical manifestation of the emotional distress. This can include records of doctor visits, diagnoses, and any treatments or medications prescribed as a result of the distress. Expert testimony may also be necessary to further validate the connection between the emotional distress and the physical symptoms or injuries.
Evidence/Documents: Medical records are important, but other proof helps too. Statements from people who saw your distress or the event that caused it can support your claim. A personal journal that tracks how you felt over time can show how serious and long-lasting the distress was. Photos, texts, or work records that show the effect on your daily life can also help. The goal is to paint a clear picture of how the distress changed your life.
How serious the distress is and how long it lasts can affect how much you are able to recover. Distress that is severe or that continues for a long time often supports a larger award.
The Importance of Hiring a Lawyer: Some parts of an emotional distress case are hard to handle alone. A lawyer can judge how strong your claim is and what it may be worth. They can gather and organize your medical records and other proof.
They also know the court rules and filing deadlines, which are easy to miss. During talks with the other side, a lawyer can push for a fair result and speak for you in court if your case goes that far.
When to Call a Lawyer: Reach out for legal advice when you are not sure your distress rises to the level of a lawsuit. Some signs that you should talk to a lawyer soon include distress that is severe or lasts a long time, symptoms that needed medical care, or harm caused by reckless or intentional acts.
A deadline may also be closer than you think. A lawyer can look at your facts and tell you the best next step.
Do I Need a Lawyer to Sue for Emotional Distress?
Successfully handling a claim for emotional distress can be challenging. LegalMatch.com can connect you to an experienced Ohio personal injury lawyer who can analyze the facts of your situation. Your lawyer would be able to advise you as to whether you can claim negligent or intentional infliction of emotional distress.
