Personal injury claims in Nevada can go beyond property damage and physical injuries.
Nevada’s courts recognize that witnessing a violent crime, tragic accident, or other dramatic, life-threatening event can lead to long-lasting emotional Distress.
You may be able to file a claim for emotional Distress due to a car accident in Las Vegas if some other party was at-fault for the crash and the psychological damage caused by the accident has significantly impacted your life.
Nevada law allows injured victims to receive compensation for emotional Distress.
Emotional damages can be caused by the stress from the accident or mental anguish caused by the changes in a victim’s life because of the car accident.
What Is Emotional Distress?
Emotional Distress refers to mental suffering caused by someone else’s actions, either intentionally or accidentally. Symptoms of emotional Distress may include depression, shame or guilt, anxiety, insomnia or nightmares, flashbacks, fatigue, chronic headaches, sudden weight gain or loss, and uncontrollable crying.
The United States Supreme Court has stated that emotional Distress describes a mental or emotional injury separate and distinct from the tort law concepts of pain and suffering.
Pain and suffering, though indicative of mental harm, are related to injuries derived from a physical injury or condition. Emotional Distress is mental or emotional harm (such as fright or anxiety) that is not directly brought about by a bodily injury but manifests in related physical symptoms.
Emotional Distress Lawsuits In Nevada
Nevada law allows for emotional distress lawsuits without bodily injury for intentional or negligent infliction of emotional Distress. In both of these claims, your emotional Distress alone is the personal injury for which you seek compensation.
You should seek the guidance of an experienced Las Vegas personal injury lawyer to determine which of the above claims is appropriate.
Most emotional distress cases in Nevada involve negligent infliction of emotional Distress.
Negligent Infliction Of Emotional Distress (NIED)
Negligent infliction of emotional Distress is a legal cause of action in Nevada that is generally brought directly by someone who is the victim of a car accident that has caused the victim great emotional suffering or by someone who has witnessed a close family member being injured or killed in an accident.
In Nevada, the elements for a claim of negligent infliction of emotional Distress are:
1. The defendant negligently caused an accident or injury;
2. The plaintiff was either the person who was injured or someone with a close familial relationship to the injured person;
3. The plaintiff witnessed the accident or injury; and
4. The plaintiff suffered Distress due to witnessing or experiencing the accident.
The Supreme Court Of Nevada has observed that :
To recover, the witness-plaintiff must prove that they:
a. was located near the scene;
b. was emotionally injured by the contemporaneous sensory observance of the accident; and
c. was closely related to the victim.
Grotts v. Zahner, 115 Nev. 339, 342, 989 P.2d 415, 417 (1999).
Lawsuits for negligent infliction of emotional Distress can be brought in Nevada by the plaintiff who is the direct victim of a wrongful act or a bystander who witnesses an accident and is closely related to the victim.
How to Prove Emotional Distress?
While the far-reaching effects of emotional Distress are clear, proving your injuries in a court of law can be challenging. Unlike physical injuries that can be corroborated with x-rays, lab tests, and outward symptoms, emotional distress symptoms are often concealed or difficult to quantify.
Nevada Courts consider the severity of the accident when considering the validity of a claim for emotional Distress. The more devastating and dramatic the triggering event, the more likely the courts will grant damages to the plaintiff.
Suppose you are considering filing a claim for emotional Distress. In that case, the claim must be supported by one or more medical professionals with the experience and qualifications to diagnose and treat psychological injuries and related conditions such as post-traumatic stress disorder.
You need to provide the court with clear medical documentation that verifies your symptoms and explains the diagnosis and prognosis of the symptoms and possible treatments. The more intense and prolonged your symptoms are, the more likely the courts will rule in your favor.
The documentation should also include receipts for any medications, therapy sessions, and other expenses related to the claim.
You must also provide evidence of any physical injuries and symptoms related to your emotional state. Tension headaches, insomnia, panic attacks, weight loss or gain, and gastrointestinal issues are all physical conditions that can be caused by emotional Distress.
You can document the changes to your daily routines, submitting letters from friends, colleagues, and your employer.
The personal injury lawyers at Pacific West Injury Law suggest that you document the significant changes you’ve experienced since your accident through a journal or a diary. You can use it to describe how your emotional trauma has affected your daily life.
Pacific West Injury Law – Our Attorneys Help You Recover The Compensation You Deserve To Turn Your Life Back Around
Emotional Distress can impact your life, your career, your relationships, and even your financial future.
If you are experiencing emotional Distress because of a car accident in Las Vegas, Henderson, or North Las Vegas, you deserve to have the same level of legal protection as someone who has suffered because of physical pain.
Your Las Vegas emotional distress lawsuit, will stand a greater chance of success if you have the highly-professional and reputed personal injury attorneys at Pacific West Injury Law by your side.
Our Las Vegas personal injury law firm is ready to assist you.
Our firm provides complimentary consultations that include case evaluations.
Our firm has someone available to discuss your situation at all times of the day.