Yes, suing for emotional distress in Pennsylvania 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 Pennsylvania 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 Pennsylvania 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 Pennsylvania, the “zone of danger” rule is relevant for claims involving the negligent infliction of emotional distress. The zone of danger rule allows a bystander-plaintiff to recover damages for emotional distress under any of the following conditions:
- If they were placed in immediate risk of physical harm by the defendant’s negligent acts
- If they were frightened by the risk of harm as a result of the defendant’s negligent acts
As can be seen, a bystander plaintiff will generally not be permitted to make a claim for and recover for emotional distress if they do not fall into one of the above categories. For instance, if the person alleging they suffered emotional distress only heard about an incident without actually witnessing it or being within the zone of danger, they generally may not legally recover.
What Types of Emotional Distress Claims Are Available?
There are two main types of emotional distress claims that are recognized under Pennsylvania law:
- Negligent Infliction of Emotional Distress (“NIED”): NIED occurs when the defendant’s negligent actions result in the plaintiff suffering emotional distress
- In order to recover for damages damages based on NIED, the plaintiff must prove one of the following:
- That the defendant had a contractual or fiduciary duty toward the plaintiff
- That the plaintiff suffered a physical impact
- That the plaintiff was in the “zone of danger” and at risk of immediate physical injury
- That the plaintiff had a contemporaneous perception of tortious injury to a close relative
- Intentional Infliction of Emotional Distress (“IIED”): IIED occurs when the defendant’s intentional or reckless conduct is so outrageous and extreme that it causes severe emotional distress to the plaintiff
In addition to determining which claim for emotional distress you may bring, you will also need to demonstrate that your emotional distress has manifested. This requirement will generally require a diagnosis from a licensed physician.
How Much Can I Sue for Emotional Distress?
As mentioned above, claims for emotional distress will typically be brought in accordance with Pennsylvania personal injury laws. However, emotional distress may be brought as its own claim in certain cases.
When you make a claim for emotional distress, you will also make 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 your injuries.
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 of damages awarded in an emotional distress claim, that will depend on:
- The total amount of your 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 Pennsylvania, there is no cap on noneconomic damages against a private party. This includes damages related to mental or emotional anguish. As such, a judge or jury in Pennsylvania has considerable discretion in awarding emotional distress damages based on the facts of your case.
When Can I Bring My Emotional Distress Claim?
It is important to note that In Pennsylvania, the statute of limitations for filing an intentional emotional distress claim is generally two years from the date of the incident that caused the distress to manifest.
A statute of limitations is a legal term used to describe the amount of time that an injured person has to bring a claim against the party that injured them. If you do not file your lawsuit within the above period of time, you may be barred from seeking compensation for your injuries.
It is important to note that if your claim is against a government entity, you must file a notice of intent to sue within six months. As such, if you believe that you have suffered emotional distress, you should bring your personal injury claim in a timely manner.
Timely bringing your claim will ensure that you do not forgo your opportunity to recover for your damages. A local attorney in Pennsylvania 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 negligent infliction of emotional distress, you must establish the following elements:
- The defendant had a contractual or fiduciary duty toward you
- You suffered a physical impact
- You were in the “zone of danger” and at risk of immediate physical injury
- You had a contemporaneous perception of tortious injury to a close relative
It is important to note that for either claim, it is crucial that you provide evidence of your emotional distress by introducing evidence such as medical records, personal testimony, witness testimony, therapy notes, and/or expert testimony from a mental health expert. As such, it is recommended to consult a Pennsylvania 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 Pennsylvania personal injury lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced personal injury lawyer near you.
An experienced personal injury lawyer will be able to inform you of your legal rights and best course of legal action under Pennsylvania’s specific personal injury laws. This includes informing you of all of the laws that may affect your claim for damages related to your emotional distress. Additionally, a lawyer will be able to assist you in filing your lawsuit. Finally, an attorney can also represent you in court, as needed.
