attorney who handles emotional distress

Usually a personal injury lawyer would handle an emotional distress case but a general civil litigator can handle both cases, including the damage to the property. An attorney practicing general civil litigation should be able to look into the merit of an emotional distress claim and a property damage claim as they would have knowledge and expertise in both.

Full Answer

Can I Sue my attorney for emotional distress?

Sep 14, 2021 · What kind of attorney handles emotional distress cases? I have been a victim of severe emotional distress leading to physical injuries for the past four years from my ex wife. I have suffered harassment, stalking, parental alienation, disturbing my …

How can my Lawyer prove my emotional distress?

With offices in Houston, Austin, Dallas, and Fort Worth, our Emotional Distress Lawyers help statewide. Speak with a Sneed|Mitchell LLP lawyer now by calling (866)434-0014, or fill out our contact form and lawyer with call you now.

When can you sue someone for emotional distress?

Compensation for Mental Anguish and Emotional Distress. With mental anguish or emotional distress, victims suffer from non-economic damages – injuries that are not out-of-pocket and are relatively hard to quantify. Placing a value on your non-economic damages, therefore, requires the plaintiff to first revert to the value of his or her ...

How long can you sue for emotional distress?

If you or someone you love has suffered from the intentional infliction of emotional distress, call The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an online questionnaire. The initial consultation is FREE. If we agree to handle your case, we will work on a contingency fee basis, meaning we do not get paid unless there is a monetary recovery of funds.

How do I file a lawsuit for emotional distress?

How to Sue for Emotional Distress?Document Your Emotional State: To win the claim, the victim needs to prove the emotional damage. ... Contact an Attorney: To help navigate the complex legal system, you need to appoint an attorney who specializes in U.S. civil law.More items...•Sep 14, 2021

What are examples of emotional distress?

Emotional distress examples include fear, anxiety, crying, lack of sleep, depression and humiliation. You might use your own testimony, testimony from family and friends and journaling of your symptoms over time to show the emotional impact of the accident.

What is the legal term for emotional distress?

Emotional distress, also known as “mental anguish,” is a non-physical and mainly psychological injury that may be asserted in civil lawsuits. ... It is important to note that in most cases, you may only be able to sue for emotional damages if the incident in question resulted in physical harm.Apr 2, 2019

What are the 5 signs of emotional suffering?

Know the 5 signs of Emotional SufferingPersonality change in a way that seems different for that person.Agitation or displaying anger, anxiety or moodiness.Withdrawal or isolation from others.Poor self-care and perhaps engaging in risky behavior.Hopelessness, or feelings of being overwhelmed and worthless.Dec 11, 2020

What qualifies as severe emotional distress?

Severe emotional distress is that which is substantial or enduring. It has also been defined as a kind of distress no reasonable person is expected to endure. It may consist of any highly unpleasant reaction such as fright, grief, shame, humiliation, embarrassment, anger, or worry.

Can I sue somebody for mental anguish?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

What is high emotional distress?

Some symptoms of emotional distress include: feeling overwhelmed, helpless, or hopeless. feeling guilty without a clear cause. spending a lot of time worrying. having difficulty thinking or remembering.

Is causing emotional distress a crime?

Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way.

Intentional Infliction of Emotional Distress

Outrageous conduct toward someone falls under the intentional infliction of emotional distress (IIED) and the victim of such conduct should seek the advice of an attorney experienced in this area of law.#N#Bringing legal action against the person causing emotional distress may stop the conduct and recover any losses caused by the outrageous conduct..

Intentional Infliction of Emotional Distress Claims

Addressing this complex and sometimes subjective area of law requires the expertise of an experienced attorney able to assess the strength of the case and devise an effective legal strategy.#N#An intentional infliction of emotional distress claim may be difficult to prove because of the circumstances and availability of evidence.

How an Intentional Infliction of Emotional Distress Attorney Can Help

The circumstances of the varying degrees of behavior and the degree of distress suffered will be different in each case. A thorough analysis of the facts and development of admissible evidence are important in proving the claim and establishing the amount of damages pursued.

Can you put a price on mental health?

One cannot put a price on mental and emotional health. But, for the purposes of a personal injury claim, one must put a dollar amount on emotional distress. Typically, this is done by totaling up the value of your medical bills and lost wages, then multiplying the sum by a factor of 1 to 5 depending on the severity of the emotional distress experienced.

Is emotional distress subjective?

As indicated above, determining the sincerity and legitimacy of an emotional distress claim can be a deeply subjective matter . An event that may prove devastating for one may cause little to no difficulty for another. However, there are some manifestations of emotional distress more commonly associated with successful claims. These include:

Is a traumatic injury a valid lawsuit?

Although most personal injury victims are seeking compensation for physical injuries, such as spinal cord injuries, burns, or brain injuries, sometimes clients suffer only emotional distress as the result of a traumat ic experience, which is still a valid lawsuit and worth y of maximum compensa tion.

How do you know if you have mental anguish?

Symptoms of Mental Anguish 1 Sorrow 2 Terror 3 Isolation 4 Loss of self-confidence 5 Dropping out of your usual activities because of loss of self-confidence

What is non-economic damages?

With mental anguish or emotional distress, victims suffer from non-economic damages – injuries that are not out-of-pocket and are relatively hard to quantify. Placing a value on your non-economic damages, therefore, requires the plaintiff to first revert to the value of his or her special damages, which is the sum of one’s lost wages, ...

What is the number to call for emotional distress?

If you or someone you love has suffered from the intentional infliction of emotional distress, call The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an online questionnaire. The initial consultation is FREE.

What is extreme and outrageous?

a) Extreme and Outrageous. The wrongdoer’s behavior must be deemed extreme and outrageous. If the wrongdoer’s actions would cause a person of average temperament to suffer emotional distress, then those actions can be deemed “outrageous.”. Consideration is given for those individuals whose temperament is more sensitive or high-strung.

What are the different types of emotional distress?

As noted above, there are two main types of emotional distress claims. The different types of claims available for emotional distress include: 1 Negligent Infliction of Emotional Distress: This claim for emotional distress occurs when a defendant’s actions are accidental or unintentional. However, there must still be a causal connection between the defendant’s action and the emotional distress the plaintiff suffers. For instance, cases where a person witnessed the death or injury to their family member from a drunk driver may qualify for negligent infliction of emotional distress; and 2 Intentional Infliction of Emotional Distress: This claim for emotional distress occurs when a defendant’s actions are intentional or reckless. For example, an employer having you fired and escorting you out in handcuffs may be humiliating, that treatment would likely not rise to a level of intentional infliction of emotional distress.#N#However, a case where you have been diagnosed with post traumatic stress disorder due to having been repeatedly subject to bullying and workplace harassment, and your employer knew but took not action, may be likely to succeed.

What is the statute of limitations for emotional distress?

Importantly, emotional distress claims have a time limit in which they must be brought, known as a “statute of limitations.”. Thus, it is important that you consult with an attorney immediately in order to make sure that your claims are brought within the time limit specified by your local jurisdiction. A typical statute of limitations period ...

Why is it important to use an expert witness?

This means that the use of expert witness is often necessary to help prove to a court that you both suffered an actual injury and the amount of damages that resulted from that injury. Because of the use of expert witnesses, suing for emotional distress is often very expensive.

What is zone of danger?

In legal terms, the zone of danger is the area within which one is in actual physical peril from the negligent conduct of another person. This means that often in order to recover for emotional distress, you must either be directly injured yourself or you were also in danger of physical injury. For example, if you were in a car wreck ...

Can you recover damages for emotional distress?

It is often very difficult to recover damages for injuries that resulted in emotional distress. Unlike a broken bone or other physical injury, it is often hard to definitively prove your injuries. Thus, it is important to understand the different types of emotional distress claims that you may make before attempting to file a lawsuit based on ...

Can you sue for emotional distress?

It is important to note that in most cases, you may only be able to sue for emotional damages if the incident in question resulted in physical harm. However, as of June 2019, some courts have recognized a right to award monetary damages for emotional distress claims without a showing of actual physical harm in cases of sexual harassment ...

What is Emotional Distress?

According to the FindLaw Legal Dictionary, emotional distress is “a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another’s conduct and for which damages may be sought.”

What Your Attorney Needs to Prove

It can be quite a task to prove not only the existence, but that it is a direct result of your accident. In order to pursue damages and financial compensation for emotional distress, your attorney will more than likely need to produce proof of one or more of the following items:

How Can You Put a Price on Emotional Distress?

There’s no formula to determine the price of emotional distress. There are ways to calculate the levels and known expenses or monetary losses. Your Las Vegas attorney may ask you:

Our Team of Skilled, Caring Attorneys

Lerner and Rowe Injury Attorneys’ experienced team of more than fifty attorneys and 300 legal professionals have helped thousands of people like you. Reach out to us for your personal injury lawsuit needs. Our office is open Monday through Friday, 8:00 a.m. – 5:00 p.m. but our team is always available to answer your call, any time, at 844-977-1900.