In short, yes, suing for emotional distress in New York is allowed. Emotional distress, also commonly known as mental anguish, is a legal term that refers to a largely psychological injury. It is important to note that emotional distress is a type of personal injury.
As a personal injury, emotional distress is commonly asserted with regards to proving an injury or damages in civil lawsuits. Typically, a claim for emotional distress damages will be brought along with another injury, such as damages related to bodily harm.
Individuals in New York may sue for emotional distress alone or as part of a personal injury claim if they also suffered a physical injury. In other words, in emotional distress cases, you may be able to sue for emotional damages even if the traumatic incident did not result in physical harm.
Because emotional distress is a non-physical injury, it is often hard to put an exact money figure on emotional distress damages. In most cases, expert witness testimony from a therapist or psychiatrist will be required in order to prove your claim of emotional distress damages. Specifically, expert testimony is needed in New York in order for a court to evaluate the range of monetary damages that are associated with a plaintiff’s alleged injury.
What Is the Zone of Danger?
In New York, the “zone of danger” rule is relevant for claims involving emotional distress. The zone of danger rule allows a bystander-plaintiff to recover damages for emotional distress under any of the following conditions:
- Threatened With Serious Bodily Injury or Death: A plaintiff may make a recovery for emotional damages if the plaintiff demonstrates that the defendant’s conduct posed an unreasonable risk of bodily injury or death to them
- Observing a Third-Party Victim: A plaintiff may also make a recovery for emotional damages if the plaintiff demonstrates they suffered emotional injury from witnessing the serious injury or death of a third-party victim resulting from the defendant’s conduct
- Immediate Family Members: The plaintiff and the third-party victim must be immediate family members in order for a plaintiff to make a claim for emotional distress damages
When any of the above elements are lacking, the bystander plaintiff will generally not be permitted to make a claim for and recover for emotional distress. For example, if the bystander only heard about an incident without witnessing it or being within the zone of danger, they generally may not legally recover for emotional distress.
What Types of Emotional Distress Claims Are Available?
There are two main types of emotional distress claims that are recognized under New York law:
- Intentional Infliction of Emotional Distress: This emotional distress claim is brought when an individual’s outrageous, extreme, or reckless conduct intentionally or recklessly causes severe emotional distress
- It is important to note that bodily harm is not necessary to establish this tort claim
- For example, if someone sexually harasses you at work, and that causes you severe emotional distress, then you may have a claim for intentional infliction of emotional distress
- Negligent Infliction of Emotional Distress: This form of emotional distress occurs when someone’s negligent actions result in severe emotional distress to another person
- In order for an individual to succeed in a negligent infliction of emotional distress case, one must demonstrate that the defendant’s negligence directly led to your emotional suffering
- Generally, there must be physical harm in addition to mental harm for a plaintiff to bring this claim
In addition to determining which claim for emotional distress you may bring, you will also need to demonstrate that the emotional distress has manifested. In general, proving the manifestation of emotional distress will require a diagnosis from a licensed physician. Emotional distress damages can manifest as:
- Feelings of humiliation or shame
- Nightmares
- A Post Traumatic Stress Disorder diagnosis
- Insomnia
- Depression
- Self-destructive thoughts
- An anxiety diagnosis
- Stress
- Another emotional response associated with a traumatic event
How Much Can I Sue for Emotional Distress?
Once again, claims for emotional distress will typically be made as part of personal injury claims in New York. However, emotional distress may be brought as its own claim in certain cases. Within a claim for emotional distress, there will also be a specific claim for general and specific damages that are associated with the emotional distress injury.
General damages is the term used for damages that compensate for the injury itself. For emotional distress claims, the damages will generally be mental anguish and pain and suffering. As far as the amount of general damages, that will vary according to the severity of the injuries and pain and suffering.
Specific damages, or special damages, are meant to compensate a person for measurable monetary loss resulting from the injury. Specific damages can cover both past and future lost wages, therapy bills, and the cost of medicine. These damages will generally be proved up by providing medical billing records.
As far as the total amount that is awarded in an emotional distress claim, that will depend on:
- The amount of medical or psychotherapy bills
- How the injuries have affected your ability to work
- How the injuries have impacted or affected your life
It is also important to note that in New York, there is no cap on noneconomic damages, which includes damages related to mental or emotional anguish. This means that the judge or jury has considerable discretion in awarding emotional distress damages based on the facts of the case.
When Can I Bring My Emotional Distress Claim?
It is important to note that In New York, the statute of limitations for filing an intentional emotional distress claim is generally one year from the date of the incident that caused the distress to manifest. Negligent infliction of emotional distress will be dependent on the accompanying personal injury claim made with it, but it is generally three years from the date of the accident.
As such, if you believe that you have suffered emotional distress, you should bring your personal injury claim in a timely manner so as not to forgo your opportunity to recover for your damages. A local attorney in New York will be able to help you ensure that you meet all required deadlines for filing your claim.
How to Prove Emotional Distress in Court?
In order to prove emotional distress in court, the exact elements required will vary slightly depending on whether your claim is for intentional infliction of emotional distress or negligent infliction of emotional distress.
In order to prove intentional infliction of emotional distress, you must establish the following elements:
- Extreme and Outrageous Conduct: The conduct of the defendant must be extreme and outrageous, exceeding all bounds of decency tolerated in a civilized society
- Although this element is essential for the intentional infliction of emotional distress, it is not required for a negligent infliction of emotional distress claim
- Intent or Disregard: The plaintiff must show that the defendant intended to cause severe emotional distress or disregarded a substantial probability of causing it
- Causal Connection: There must be a clear link between the defendant’s conduct and the plaintiff’s emotional injury
- Severe Emotional Distress: The plaintiff must demonstrate that the distress they suffered was severe
As can be seen, for either claim, it is crucial that you provide evidence of your emotional distress by introducing evidence such as medical records, therapy notes, or testimony from a mental health expert. As such, it is recommended to consult a New York lawyer to ensure you submit all evidence necessary to prove your claim.
Do I Need a Lawyer to Sue for Emotional Distress?
If you are experiencing emotional distress caused by the negligent or intentional actions of another party, it is recommended that you immediately consult a New York personal injury lawyer. LegalMatch can assist you in locating and setting up an initial consultation with an experienced personal injury lawyer in your area.
An experienced personal injury lawyer will be able to inform you of your legal rights and best course of legal action under New York’s specific personal injury laws. This includes informing you of all of the laws that may cover your claim for damages related to emotional distress. Additionally, a lawyer will be able to assist you in filing your lawsuit and represent you in court, as needed.
