A person is able to sue for both negligent or intentional infliction of emotional distress in North Carolina. In addition to suing for damage to property and physical injury resulting from an accident or incident, a person may also recover compensation for their mental anguish and emotional trauma.
A victim can sue for negligent infliction of emotional distress if they are able to prove the following.
- They were harmed by a person who acted negligently.
- It was reasonably foreseeable that the person’s conduct would cause the victim severe emotional distress and/or mental anguish.
- The person’s conduct was, in fact, the direct cause of the victim’s mental injury.
- The victim’s emotional distress was severe, not just temporary or superficial in nature.
In addition, the person who engaged in the negligent conduct must have owed a duty of care to the victim and then breached that duty. For example, every person owes a duty of care to other drivers and users of roadways when they drive. If they drive carelessly and cause an accident, they have breached their duty of care. A local attorney in North Carolina would be able to provide additional information about the concept of duty of care.
A person can claim intentional infliction of emotional distress when the person who causes the harm to the victim does so intentionally, e.g., by committing an intentional tort.
In North Carolina, courts define “severe emotional distress” as any emotional or mental disorder or any other type of severe and disabling emotional or mental condition. Generally, they are recognized by the mental health care professionals who are trained to diagnose these conditions. For example, some types of emotional distress are as follows:
- Neurosis
- Psychosis
- Chronic depression
- Phobia.
What Is the Zone of Danger?
The zone of danger rule is a legal concept that has been made law in some states. 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, in some states a person may not claim negligent infliction of emotional distress for the sole reason that they feared suffering physical harm. They had to be at risk of suffering physical harm in fact. This rule applies in some states in which a person might sue for emotional distress even if they did not suffer a physical injury.
The rule would not apply in North Carolina because, in North Carolina, a person does not have to suffer actual physical injury or even be at risk of suffering a physical injury in order to be able to claim damages for emotional distress.
For example, in one case in North Carolina, a court allowed both a mother and father to claim that they were the victims of negligent infliction of emotional distress in a case alleging medical malpractice. They claimed the doctor and hospital had committed medical malpractice which led to the stillborn birth of their infant. Of course, this was deeply emotionally traumatic for both of the parents.
The court expressed the view that the mother was a “direct victim” of the medical malpractice that resulted in the stillborn birth of her child. It was “reasonably foreseeable,” as required by the law that she would experience emotional distress under the circumstances of what happened.
In the view of the court, the father also experienced emotional distress because he experienced a strong degree of worry and concern for both his wife and child, even though the malpractice did not affect him physically in a direct manner.
What Types of Emotional Distress Claims Are Available?
As noted above, there are 2 types of claims for emotional distress. Negligent infliction of emotional distress is one, and the other is intentional infliction of emotional distress. If a person has questions about their situation, they may want to consult a North Carolina lawyer.
How Much Can I Recover for Emotional Distress?
Under North Carolina’s personal injury laws, a person may recover compensatory damages after suffering injury in an accident caused by another person’s negligence. For example, a person’s economic losses caused by the following may be compensated:
- Current and future medical expenses, such as doctor’s visits, medications, surgery, and therapy
- Lost income
- Reduced earning capacity if injury has a permanent effect on a victim
- Disability.
A person may also recover an amount for any pain and suffering that they experience in connection with their physical injuries.
It can be challenging to put a dollar value on a claim for emotional distress. Compensation for the costs of treatment could be part of a claim for emotional distress. Such items as bills for medical care 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 things that may have an impact on the value of a claim when suing for emotional distress in a lawsuit include the following:
- Severity of the Distress: The severity of the distress has a big impact on calculating the value of a claim. The severity will be shown, for example, if a person’s distress is so severe that they can no longer work or live as they did before they were injured.
- 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 would play a role in calculating the award that a person deserves for the emotional distress a person experiences. For example, the harm caused by a car accident that was not severe in its impact may be viewed differently than the distress caused by a negligent medical professional.
When Can I Bring My Emotional Distress Claim?
In North Carolina, there is a 3-year statute of limitations for claims of both negligent and intentional infliction of emotional distress. The time starts on the date the victim suffers injury or when any accident occurs.
How to Prove Emotional Distress in Court?
Personal injury law in North Carolina would provide a victim compensation for the most common types of emotional distress conditions, including an anxiety disorder, depression, humiliation, insomnia, borderline personality disorder, substance abuse, and post-traumatic stress disorder.
The total amount of money a person receives for emotional distress depends on the unique facts of the incident at issue in the case. If a case goes to trial, the jury decides on the amount of damages that should be awarded for pain and suffering or emotional distress. North Carolina law does not impose any cap or limit on the amount a jury may award.
A person’s medical records may help in proving a person’s distress. Medical records would help to show the connection between a victim’s physical injuries and their emotional distress. A person may want to get testimony from any doctors who have treated them.
A person may also want to show the connection between their distress and other aspects of their life, such as their work life. A person would want to get treatment for their psychological condition, for which an award of damages or a settlement might compensate them.
Do I Need a Lawyer to Sue for Emotional Distress?
Successfully handling a claim for emotional distress can be challenging. LegalMatch.com will connect you to an experienced North Carolina 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.
