Filing a personal injury claim is an opportunity for an injured victim to be made whole again through the recovery of financial compensation (damages) for all accident-related losses – not just physical injuries and financial costs, but emotional harm, as well. Recovering damages for emotional distress in Nevada takes proving certain legal elements.
What Is Emotional Distress?
Serious accidents and painful injuries can be traumatic for survivors. Many people suffer a range of negative emotions and adverse mental health outcomes from accidents. “Emotional distress” is an umbrella term used in personal injury law to encompass a wide variety of intangible or non-economic losses, such as:
- Anxiety
- Depression
- Grief
- Reduced self-esteem
- Loss of enjoyment of life
- Diminished quality of life
- Mental anguish
- Psychological trauma
- Post-traumatic stress disorder
- Trouble focusing or concentrating
- Mood swings
- Rage
- Behavioral changes
- Other mental health issues
Whether or not these emotional outcomes are accompanied by physical symptoms – such as insomnia, chronic headaches and gastrointestinal issues – they can be counted among a plaintiff’s compensable losses under “non-economic damages” as part of a Nevada personal injury case.
Negligent vs. Intentional Infliction of Emotional Distress
In Nevada, two different types of emotional distress can be compensated: Negligent Infliction of Emotional Distress (NIED) and Intentional Infliction of Emotional Distress (IIED). Both have unique legal elements that must be met for the plaintiff to receive a financial award.
NIED means that the defendant did not intentionally inflict injury or emotional distress. A settlement or verdict can be awarded to a plaintiff for NIED only if it is proven that the victim was directly injured, or is a close relative of the person who was injured and witnessed the injury occur. The distress needs to be directly related to a physical injury or be severe enough to cause physical symptoms.
Intentional Infliction of Emotional Distress means the defendant recklessly, wantonly or intentionally caused distress or injury to the victim. The defendant acted with extreme and outrageous conduct or maliciously intended to hurt the plaintiff. Unlike a NIED claim, it is not required to prove a physical injury to recover damages for IIED in Nevada.
Proving Emotional Distress in a Personal Injury Claim
Emotional distress can be difficult to prove as a compensable damage in a personal injury case since it is an “invisible” type of loss. It is challenging to demonstrate how immensely an accident and injury have impacted a person without physical proof. This is especially true if a plaintiff is suing for emotional distress without physical injuries.
Proving emotional distress often requires evidence such as medical records that show the plaintiff sought mental health care or treatment from a professional. An injury journal kept by the victim detailing his or her feelings day by day can also help prove emotional distress. Another possibility is statements from witnesses who can attest to changes in the victim.
How to Seek Damages for Emotional Distress in Nevada
If you have experienced emotional distress from a traumatic accident – either as a direct victim or a witness – contact a personal injury attorney to help you establish and prove your claim. Emotional distress damages can be difficult to obtain, especially if you did not suffer physical injuries in the incident. A lawyer will explain Nevada’s emotional distress laws, help you collect evidence to prove your claim, and seek maximum compensation for all of your tangible and intangible losses.