New York Civil Rights & Criminal Defense Lawyers

When Can I File an Emotional Distress Lawsuit?

As a distinguished New York criminal defense and civil rights law firm, Sivin, Miller & Roche LLP is often asked about filing emotional distress lawsuits. Emotional distress, also known as mental anguish, is a legal term used to describe the psychological impact of experiencing a traumatic event or situation. If you believe you have suffered emotional distress due to someone else’s actions, you may be able to file a lawsuit seeking compensation for your suffering. Contact our office for a free consultation.

What Is Counted as Emotional Distress and How Can I Prove It?

When Can I File an Emotional Distress Lawsuit?

Many people may experience emotional distress following a traumatizing situation, such as police brutality or false arrest. Emotional distress may manifest itself in multiple ways, including:

  • Anxiety and depression
  • PTSD (post-traumatic stress disorder)
  • Panic attacks
  • Insomnia
  • Loss of appetite or overeating
  • Mood swings
  • Feelings of helplessness or hopelessness

Proving emotional distress in a lawsuit can be challenging, as it is not a physical injury that can be easily documented, and the claim that the defendant’s actions directly caused the distress would have to be proved. However, with the help of a lawyer, there are some crucial pieces of evidence to gather when pursuing an emotional distress lawsuit. These include medical records, witness testimonies, mental health expert opinions, and any documentation that supports the claim of emotional harm.

When Can I File an Emotional Distress Lawsuit?

It may be difficult to determine when you can file an emotional distress lawsuit. However, if a recent incident has caused mental anguish that is affecting your daily life, it may be time to consider filing a lawsuit and reaching out to a lawyer to discuss your options. In general, emotional distress lawsuits are typically filed in situations where someone’s intentional or negligent actions have directly caused psychological harm to another person. Filing an emotional distress lawsuit involves certain criteria that must be met to pursue a successful claim.

Intentional Infliction of Emotional Distress (IIED)

If someone intentionally engages in outrageous conduct that causes severe emotional distress, you may have grounds for an IIED claim. This could include actions such as extreme harassment, threats, or intentional infliction of mental anguish.

Negligent Infliction of Emotional Distress (NIED)

In cases where someone’s negligent actions lead to emotional harm, you may have a basis for an NIED claim. This could involve situations where a person or entity fails to exercise reasonable care, resulting in emotional suffering. For example, witnessing a loved one being injured due to someone else’s negligence could lead to NIED.

Breach of Contract

If a contract exists between parties and one party breaches the contract, causing emotional distress to the other party, the injured party may have grounds for a breach of contract claim that includes damages for emotional distress.

Violation of Civil Rights

Emotional distress lawsuits can also stem from violations of civil rights, such as discrimination, harassment, or retaliation in the workplace or other settings. If you have experienced emotional harm due to such violations, you may have a legal basis for pursuing a claim.

Personal Injury Incidents

Emotional distress can often accompany physical injuries resulting from accidents such as car crashes, medical malpractice, or premises liability incidents. If you have suffered emotional harm as a result of someone else’s negligence or wrongful actions, you may be able to seek compensation for your distress as part of a personal injury lawsuit.

Sivin, Miller & Roche LLP is a law firm that specializes in civil rights and personal injury cases, including emotional distress claims. Our experienced attorneys have a proven track record of success in helping clients prove emotional distress and recover compensation for their suffering. We work closely with clients to gather evidence, build a strong case, and fight for the justice and compensation they deserve.

Common Incidents That Cause Emotional Trauma

If you’re experiencing mental suffering following one of these incidents, you may be entitled to recover emotional distress damages:

  • Medical malpractice
  • Workplace discrimination or harassment
  • Sexual assault or abuse
  • Car accidents
  • Wrongful death of a loved one
  • Product liability incidents
  • Police brutality or excessive force
  • False arrests
  • Malicious prosecution

Sivin, Miller & Roche LLP are well-equipped to take on your emotional distress case and have the successful track record to prove it. Whether you’re dealing with intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, civil rights violations, personal injury incidents, or any other situation causing you mental anguish, our team is here to help. You may be entitled to damages for medical expenses, lost wages, pain and suffering, and emotional distress.

What To Do if I’m Experiencing Emotional Distress

Experiencing emotional distress can be overwhelming, but there are steps you can take to address and manage your situation effectively:

Seek Support

Reach out to friends, family members, or trusted individuals who can offer emotional support and understanding during difficult times. Talking to someone you trust can provide comfort and perspective.

Consult a Mental Health Professional

Consider seeking guidance from a qualified mental health professional, such as a therapist or counselor. They can help you explore your feelings, develop coping strategies, and work through any underlying issues contributing to your distress.

Document Your Experience

Keep a record of events, interactions, or incidents that have contributed to your emotional distress. Documenting your experiences can provide valuable evidence if you decide to pursue legal action or seek compensation for your suffering.

Prioritize Self-Care

Practice self-care activities that promote relaxation, stress relief, and overall well-being. Engage in activities such as exercise, meditation, mindfulness, hobbies, or spending time in nature to help manage your emotions and reduce stress.

Know Your Rights

Educate yourself about your legal rights and options, especially if your emotional distress stems from a situation involving negligence, discrimination, harassment, or civil rights violations. Consult with Sivin, Miller & Roche for a free consultation.

Consider Legal Action

If your emotional distress is a result of someone else’s wrongful actions or negligence, you may be entitled to seek compensation through a legal claim. An attorney specializing in emotional distress cases can assess the details of your situation, advise you on the strength of your case, and help you pursue the compensation you deserve.

Remember that everyone’s experience with emotional distress is unique, and there is no one-size-fits-all solution. It’s essential to prioritize your well-being and take steps that feel right for you. Our firm is here to support you every step of the way and advocate for your rights in seeking justice for your emotional suffering.

At Sivin, Miller & Roche LLP, We’re Here for You

At Sivin, Miller & Roche LLP, we understand the impact that emotional distress can have on your life. Our team is dedicated to providing compassionate and effective legal representation for individuals who have suffered mental anguish due to the actions of others. We are committed to advocating for your rights and helping you navigate the legal process with care and expertise. The statute of limitations for emotional distress ranges from 1 to 3 years, so take action today and contact our New York office. We’re here to answer your questions.




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