To recover monetary damages in court for emotional distress, it must be severe and extreme. Negligent and intentional infliction of emotional distress are recognized. Research specific laws, case law, and medical evidence requirements in your jurisdiction. Prepare a complaint and consider hiring an experienced attorney.
Emotional distress can consist of fear, pain, shock, humiliation, or some other type of mental anguish. These forms of hardship, however, are not sufficient to recover monetary damages in court. Instead, you must demonstrate that the distress was also severe and extreme to a degree that a reasonable person could not expect to bear it. Most jurisdictions recognize two types of emotional trauma: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). You need to conduct sufficient legal research to understand the type of evidence your jurisdiction may require for these claims.
To demonstrate emotional distress, start by researching the specific laws in your jurisdiction. Laws vary and courts give different interpretations of legal principles. A good first step is to look at the statutes that define NIED and/or IIED. You should also review the standard jury instructions for these claims in your jurisdiction because they likely provide the specific legal elements you need to prove in court. Even if you don’t have a jury trial, the instructions can give you valuable insight into what the court specifically expects you to prove.
The second step is to research the case law in your jurisdiction regarding NIED and IIED. Jurisprudence refers to previous judicial decisions relating to emotional distress. These decisions provide insight into how the courts have interpreted statutes relating to NIED and IIED. These cases establish precedents, which means they are binding on the courts of the relevant jurisdiction. If you understand how the courts have ruled on emotional pain issues in the past, it may help you prove your case in court.
If you base your request on NIED, for example, your jurisdiction may require medical evidence. A doctor or psychiatrist may be able to provide expert testimony about your physical and/or mental condition. Such testimony can serve as medical proof of emotional distress. Experts may be able to testify about your specific physical conditions such as depression, insomnia, high blood pressure, nausea or miscarriage.
If you are basing your claim on the IIED, medical proof of emotional distress may not be required. Not all jurisdictions require proof of physical illness. Indeed, jurisdictions may not necessarily require a mental examination to demonstrate emotional pain. In some situations, witnesses such as friends, family, and others may testify about unusual changes in your behavior, which may be sufficient evidence in your jurisdiction.
After conducting an appropriate research on emotional distress claims in your jurisdiction, your next step is to prepare your claim. The complaint contains the claims that you make against the defendant, or the alleged perpetrator. You must list every claim or allegation you need to prove in court. You can obtain sample complaints for your jurisdiction online or through a library of laws that you can use as a template when writing your complaint.
It is almost always better to hire an experienced emotional distress attorney than to try to handle it yourself. The laws are complex and many problems can arise that are unforeseen for a layman. The courts also expect you to comply with rules of procedure and rules of evidence. If you lack knowledge in these areas, you could lose your case despite the merits.
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