Emotional distress is the mental and emotional suffering that a person experiences when they are involved in a traumatic event, an event that causes a person to suffer an emotional injury that may be severe, e.g., a car accident, for example.
Emotional distress is often characterized by a number of symptoms, such as anxiety, depression, or post-traumatic stress disorder (PTSD). It may even cause physical symptoms such as sleeplessness, headaches, and nausea. Other symptoms are possible as well.
In Ohio, a person may claim that they were the victim of an intentional emotional distress or negligent emotional distress. A local attorney in Ohio would be able to provide more information.
What Is the Zone of Danger?
The zone of danger rule is a legal concept. 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, a person may not claim negligent infliction of emotional distress for the sole reason that they were in fear of suffering physical harm. They had to be at risk of suffering physical harm in fact.
What Types of Emotional Distress Claims Are Available?
A person may sue for the negligent infliction of emotional distress or the intentional infliction of emotional distress.
Per Ohio personal injury laws, a claim for the intentional infliction of emotional distress would be appropriate in cases in which the emotional distress is sufficiently “serious” and the conduct of the person who inflicted the harm was intentional. For a claim of emotional distress to succeed, the victim’s distress must be “severe” and “debilitating.”
To prove that the infliction of emotional distress was intentional, a person would have to show that another person acted deliberately or recklessly and that their conduct caused the person to experience severe mental anguish. Again, the intentional conduct that causes the distress would have to be outrageous, e.g., threats to a person’s physical safety, false imprisonment, or unjustifiable interference with their significant economic prospects or another comparable act.
To state a cause of action for the negligent infliction of emotional distress, a person must claim the following:
- Severity: Serious emotional distress that can be characterized as “severe” and “debilitating”
- Conduct: The conduct that caused distress was not intentional.
Generally, cases involving the negligent infliction of emotional distress involve a bystander to an accident rather than the person who was directly involved in it. However, the victim might have been involved in an accident or other incident caused by the negligence of another person as well. A person could consult an Ohio lawyer to help them learn whether the circumstances of their injury could serve as grounds for a claim for emotional distress.
It is important to note that a claim for the infliction of emotional distress may also be one of the elements of injury asserted by a person who has also suffered a physical injury in an incident. Of course, emotional distress may also be experienced by a person who suffers serious physical injury. However, a person who does not suffer a physical injury may be able to claim that they are a victim of the infliction of emotional distress.
Some factors that determine whether emotional distress that was inflicted negligently would qualify for compensation include the following:
- Location: Whether the victim was located near the scene of an accident or event as opposed to being some distance away.
- Timing: Whether the shock resulted from a direct emotional effect on the victim from personally observing the accident or event at the time it happened as contrasted with learning of the accident from others after it was over.
- Relationship: Whether the victim was closely related to a person involved in the accident or event as opposed to having no relationship or only a distant relationship.
How Much Can I Recover in My Lawsuit for Emotional Distress?
It can be challenging to put a dollar value on a claim for emotional distress. Compensation for economic losses could be part of a claim for emotional distress. Such items as bills for medical treatment 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 factors that affect the value of emotional distress in a lawsuit include the following:
- Severity of the Distress: This is a big factor in calculating the value of a claim. If a person’s emotional distress is so severe that they can no longer work or live as they did before they suffered injury, their compensation would reflect that.
- 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 is a factor, of course, in calculating the award that a person deserves for the emotional distress a person experiences. For example, the harm caused by a standard car accident may be viewed differently than the distress caused by a negligent medical professional.
When Can I Bring My Emotional Distress Claim?
A person wants to file a lawsuit within the time allowed by the Ohio statute of limitations. If a person fails to file within this timeframe, their claim will be barred. They would lose their opportunity to recover compensation for their losses.
In Ohio, the statute of limitations for suing for emotional distress is different for intentional and negligent infliction of emotional distress. For the intentional infliction of emotional distress lawsuits, the statute of limitations is usually two years from the date of the event that caused the distress. For lawsuits for the negligent infliction of emotional distress, lawsuits generally have a one-year statute of limitations.
How to Prove Emotional Distress in Court?
The physical manifestation requirement is an important aspect of pursuing an emotional distress claim in Ohio. In order to establish a successful claim, it is typically necessary to show physical symptoms or injuries that have resulted from the emotional distress experienced. This requirement serves as a way to provide tangible evidence of the impact that the emotional distress has had on the individual’s well-being.
When presenting a case, it is important to provide medical documentation that supports the physical manifestation of the emotional distress. This can include records of doctor visits, diagnoses, and any treatments or medications prescribed as a result of the distress. Expert testimony may also be necessary to further validate the connection between the emotional distress and the physical symptoms or injuries.
It is worth noting that the physical manifestation requirement can vary depending on the specific circumstances of the case. The severity and duration of the physical symptoms or injuries may also be taken into consideration when determining the potential compensation in an Ohio lawsuit.
Do I Need a Lawyer to Sue for Emotional Distress?
Successfully handling a claim for emotional distress can be challenging. LegalMatch.com can connect you to an experienced Ohio 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.
