Yes, suing for mental anguish is possible in the State of New York. Mental anguish may also be referred to as emotional distress, but often refers to a higher level of suffering.

Under emotional abuse laws in New York, an individual can make a claim for intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED) to recover damages for mental anguish. Mental anguish refers to a strong psychological injury that an individual suffers because of a traumatic experience.

This type of a claim is often included in a lawsuit along with other claims. In order to rise to the level of mental anguish, an individual must experience something more severe than ordinary anger, upset, embarrassment, or disappointment.

Mental anguish is often described as extreme feelings of grief and fear that cause long-lasting and negative side effects. There are certain conditions, including depression, anxiety, and post-traumatic stress disorder, that are examples of mental states that may qualify as mental anguish.

In most situations, the individual’s mental anguish has to be more than just emotions. It must also manifest in the daily activities of the individual’s life.

For more information on filing a mental anguish claim in New York, an individual should reach out to a local attorney in New York.

What Are the Symptoms of Mental Anguish?

Symptoms of mental anguish that an individual may experience can include:

  • Phobias: This includes a fear of engaging in activities because the individual is afraid of being injured again.
    • One example would be agoraphobia, or a fear of leaving one’s home.
  • Anxiety: Extreme anxiety which interferes with an individual’s ability to engage in the normal activities of everyday life.
    • This may involve symptoms such as panic attacks.
  • Depression: An individual’s depression must be so significant that it requires a doctor’s care.
  • Insomnia: This is an inability to sleep normally.
  • Inability to concentrate: A victim may suffer consequences if they cannot concentrate or focus at their job, academic studies or other activities.
  • Physical symptoms: An individual may have physical symptoms such as headaches, nausea, or tremors.

Mental anguish claims will often require testimony from an expert witness, such as a licensed physician. For more legal advice on whether an individual’s symptoms may rise to the level of mental anguish, they can consult with a lawyer.

What Kind of Lawsuit Includes Mental Anguish?

There are numerous different types of lawsuits that may include mental anguish claims, such as:

Mental anguish will be included in the damages that are alleged by the individual filing an emotional distress lawsuit, whether the infliction of emotional distress was negligent or intentional. In the types of cases listed above, an individual may be able to claim emotional distress, for example, if they suffered severe injuries in a vehicle accident which resulted in major life changes.

Cases involving significant physical injuries that permanently affect their quality of life can cause an individual to suffer from severe depression and anxiety. This issue can also arise in a medical malpractice case if, for example, a serious mistake is made during an operation, such as amputating the wrong limb.

An individual can also suffer mental anguish if they witness injury to another individual or their death. For example, if an individual witnesses their loved one passing away in a car crash, they may file a wrongful death suit. It is common for individuals to suffer emotional distress in bystander cases, or when they witness a loved one’s injury or death.

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How To Prove Mental Anguish

Typically, a plaintiff will have to prove by a preponderance of the evidence that the defendant’s conduct or lack of action resulted in their mental anguish. In other words, it was more likely than not that the defendant was negligent.

This is referred to as the standard of proof in this type of civil case. It is important to note that this is different from the reasonable doubt standard used in criminal cases.

If the plaintiff cannot meet the standard or proof, they will not be able to recover damages. The plaintiff can meet this standard by presenting evidence showing that the defendant was, in fact, negligent under the circumstances.

This includes evidence showing the extreme nature of the defendant’s intentional or negligent misconduct. The plaintiff will also need to present evidence of their severe and intense suffering they are enduring because of the conduct of the defendant.

Specific examples of the types of evidence that can be used to establish the plaintiff’s severe mental anguish include:

  • Treatment by a physician: If the plaintiff has sought treatment for their condition from a licensed physician, evidence of that treatment strengthens their claim.
    • Evidence would include:
      • medical records of doctor’s visits
      • records of prescriptions
      • other documentation of intervention by a medical professional
  • Severity of symptoms: The more severe the plaintiff’s symptoms, the more likely the evidence will support the success of a claim for mental anguish.
  • Duration of symptoms: The longer the plaintiff suffered from symptoms of mental anguish, the more likely it is that the court will consider their condition severe enough to justify a damages award.
  • Physical harm: Evidence demonstrating that there was a physical manifestation of the plaintiff’s mental anguish will make the claim more convincing.

The severity of the plaintiff’s mental anguish can most effectively be demonstrated when it manifests as a diagnosable condition, such as acute anxiety, depression, or post-traumatic stress disorder (PTSD). It is typically necessary to have the plaintiff’s treating physician testify regarding these conditions.

If an individual does suffer from mental anguish, it can be helpful for them to keep a written journal of their experiences, which includes:

  • The nature of their symptoms
  • When their symptoms began
  • How they are experiencing the symptoms
  • How their symptoms affect their daily life
  • Whether they sought treatment
  • What that treatment was

This information can be extremely helpful for establishing the effect that mental anguish had on the plaintiff.

How To Calculate Damages for Mental Anguish

Damages for mental anguish claims are typically provided in the form of a monetary non-economic damages award. These damages can be provided for losses that cannot be calculated, such as pain and suffering.

In the State of New York, emotional distress damages in personal injury cases may be calculated using the multiplier method or the per diem method. With the multiplier method, the plaintiff’s economic damages, or calculable damages, are multiplied by a multiplier, usually between 1.5 to 5, depending on the severity of their distress.

With the per diem method, a daily monetary value is assigned to the plaintiff’s pain and suffering. This amount is often based on their average daily wage. This rate is multiplied by the number of days the plaintiff experienced the emotional distress from the date of the incident to the date of their anticipated recovery.

Do I Need a Lawyer if I Am Looking To Recover Damages for Mental Anguish?

If you believe you may have a claim for mental anguish, it is important to reach out to a New York personal injury lawyer. Your lawyer will evaluate your claim, and advise you of the possible damages you may be able to recover.

These cases can be difficult to prove, so it is important to have a lawyer handle your case. You can use LegalMatch’s no cost lawyer matching services today to find a New York lawyer near you who can help.