If you were injured in a car accident in Kentucky caused by someone’s else disregard for safety, you may have experienced emotional distress in addition to the pain of your physical injuries. You may be entitled to demand compensation for emotional distress as part of a personal injury lawsuit.
Contact a personal injury attorney at Morgan, Collins, Yeast & Salyer to discuss your legal options if you have been injured and have questions. Proving emotional distress is challenging and requires substantial medical evidence to show the negative effects the incident has had on your life. An experienced Kentucky emotional distress lawyer at Morgan, Collins, Yeast & Salyer in Lexington can help you gather the needed evidence and pursue legal action. Our attorneys are known for summoning the Kentucky Courage needed to help injured Kentuckians move forward after serious injuries. Contact us to learn how we can assist you.
Understanding Emotional Distress
The term emotional distress in Kentucky personal injury law refers to someone’s mental suffering due to another party’s negligent or intentional acts. It can lead to psychological and emotional trauma. Emotional distress affects people in different ways. Some of the symptoms of emotional distress include:
- Flashbacks and intrusive memories
- Mental anguish
- Post-traumatic stress disorder (PTSD)
- Depression
- Guilt or shame
- Anxiety
- Nightmares
- Disrupted sleep
- Phobias
- Loss of or reduced quality of life
Our attorneys at Morgan, Collins, Yeast & Salyer can review your medical records and discuss whether you may have a valid personal injury claim based on emotional distress.
Common Emotional Distress Claims and Their Characteristics
There are two primary types of emotional distress claims.
- Negligent infliction of emotional distress
- Intentional infliction of emotional distress
Negligent Infliction
Negligent infliction of emotional distress (NIED) refers to emotional harm caused by someone else’s failure to behave with reasonable caution to avoid causing harm to others. Proving emotional harm requires showing the distress significantly disrupts your daily life, and the impact is greater than what a person would typically experience in a similar situation. You will need solid evidence from the doctors who treated you or medical experts to prove your severe emotional distress. Our attorneys can gather your medical records to show that you suffered serious emotional anguish that interfered with your daily life and that someone else’s negligence caused your injury.
Intentional Infliction
Intentional infliction of emotional distress (IIED) occurs when someone intentionally or recklessly harms someone else emotionally. For the victim to pursue legal action, the misconduct must be extreme, or outrageous, and intolerable, resulting in severe emotional distress.
Demonstrating Responsibility for Intentional Infliction of Emotional Distress
To hold the at-fault party accountable, you must prove the following:
- The defendant engaged in reckless or intentional conduct
- Their conduct violated generally accepted standards of morality and decency
- There is a causal connection between the defendant’s actions and your severe emotional distress
- The emotional distress you suffered must rise to the level of being severe
Gathering Evidence for an Emotional Distress Case
You will need strong evidence to convince a court of the severity and duration of your emotional harm. You should:
- Contact an experienced attorney – Our attorneys at Morgan, Collins, Yeast & Salyer can help you evaluate whether you have a right to demand compensation for emotional distress.
- Seek medical treatment– Health professionals will create documentation of your diagnosis, symptoms, and treatment plan. You should see a doctor immediately after an accident to start the treatment and healing.
- Create a pain journal– List your symptoms of pain and distress and their effects on your routine.
- Consult with mental health experts– You can ask your therapist or another doctor to write a statement about your emotional distress. A doctor’s testimony of the severity of your mental anguish and its impact on your daily activity can be used to support your claim.
- Get statements from your family– Your family and friends can describe the struggles they see you deal with and whether those challenges affect your relationships.
How to Sue for Emotional Distress – A Guide
At Morgan, Collins, Yeast & Salyer, we have the experience to develop a persuasive personal injury case for emotional distress when an injured person’s medical record supports the claim. We can focus on completing each stage of your lawsuit while you focus on treatment.
Below are the steps involved:
Gather medical records and evidence of negligence
Our attorneys obtain your medical records and document your injury and the negligence that caused it. Then, we submit a demand letter to the insurance company representing the at-fault party and request full compensation for the harm you have suffered, including emotional distress.
File the Complaint
If the insurance company refuses to offer a reasonable settlement, our attorneys will file an emotional distress lawsuit with the court. The complaint outlines the facts of the case, while the summons informs the defendant of the legal action taken against them.
Both documents must be delivered to the defendant. The defendant must receive them by certified or registered mail issued by the court clerk or an authorized individual such as a process server.
Receive a Response
The defendant must answer the complaint within a specified amount of time. They should respond to the allegations in their answer and file it with the court.
Begin Discovery
After the defendant files their answer, the discovery process begins. Discovery allows opposing parties to obtain evidence from each other. Both sides can request copies of relevant medical records, accident scene photos, security camera footage, and other documentation.
We can also request a deposition from the defendant during discovery. During a deposition, we ask the defendant questions about the case, which they must answer truthfully. A court reporter records everything everyone says and creates a written transcript.
Trial Prep and Courtroom Proceedings
We will prepare for the trial by obtaining additional evidence, creating arguments against the defense attorney’s case, and hiring expert witnesses to testify in court.
The trial will end with the judge or jury finding in favor of you or the defendant. Our attorneys are skilled trial attorneys who have stood up for injured Kentuckians for decades. While we cannot guarantee a specific outcome in any personal injury case, our case results and testimonials speak to our commitment on behalf of our clients.
Schedule a Free Case Review with Our Experienced Car Accident Attorneys
At Morgan, Collins, Yeast & Salyer, we believe in fighting for injured people in Lexington, KY.
If you suffered emotional distress due to someone’s negligent or intentional actions, call (877) 809-5352 or contact us online for a free consultation with a skilled emotional distress lawyer. We’re available 24/7 to speak with you.
