sue for emotional pain and suffering

Can You Sue for Emotional Pain and Suffering? – Ask Your Self

Emotions are the utmost expression of our feelings. Human beings are naturally very emotional. We express our joy, sorrow, pain, and other feelings through emotions. In formal words, emotion is a strong feeling deriving from one’s circumstances, mood, or relationships with others. It basically means the response to significant internal and external events or some intense feelings that are directed at someone or something.

The forms of emotions can be positive or negative in the sense of their impact. We got seven universal forms of emotion, and they are anger, fear, disgust, happiness, sadness, surprise, and contempt. Except for happiness and surprise, all of the other forms are considered as negative expressions of emotion. The debate appears in the form of “surprise,” which can be good and bad both. Except for all these seven forms, there are other forms also, but these are considered as the main forms. We all are more or less acquainted with a famous saying, that is, ‘’The best and the most beautiful things in the world can not be seen or even touched.’’ This quote is whooping loud the beauty of feelings and emotions.

Emotional Pain and Suffering

Being an emotional person is nothing to be ashamed of. Expressing emotion is not a crime as long as it is not causing any harm to anyone. The term “emotional abuse’’ doesn’t mean anything good. It may come from your loved ones, from the dearest friend, or from any member of your family. The first condition of keeping a healthy and happy life is about being mentally and physically sound.

The person who is continuously being emotionally abused can never be happy in his/her personal life. Emotional abuse means a path to rule over another person by using emotions to embarrass, criticize, blame, shame, or exploit. In a more clear sense, a relationship is abusive for emotion when steadily abusive words and bullying behaviors suppress a person’s self-esteem and cause harm to their mental health. It is one of the most critical forms of abuse to apprehend. It might make a person suicidal by encouraging thoughts on isolating, silencing, and discrediting. The victim feels suffocated, and the cycle keeps repeating itself until something occurs. So, it’s very important to recognize the relationship you are in is toxic or not.

Don’t step on the trap consoling yourself by saying, “It’s okay.” It is immediate to do minimizing their behavior because every human being deserves love, respect, and dignity. If you ever feel frustrated, confused, wounded, misunderstood, anxious, depressed, or worthless anytime you interact, it indicates the signs of an emotionally abusive relationship. These toxic traits result in different forms. These are considered as the symptoms of emotional distress. Such as,

  • Anxiety, fear, or nervousness
  • Anger, frustration, or bitterness
  • Guilt, shame, or humiliation

Can You Sue for Emotional Pain and Suffering?

If anybody wants, they can sue for emotional pain and suffering. There is a civil lawsuit in which the courts acknowledge emotional distress as a type of damage that can be recovered.  It indicates that you can sue the person who caused emotional trauma or distress if you have evidence that supports your claims.

Types of Claims

Claiming emotional pain and suffering can be tough because there are so many types of claims for this issue. There are two main types of claims regarding emotional pain and turmoil where someone did not intend to cause them distress. They are,

Negligence infliction of emotional distress

This claim occurs when a defendant’s action is accidental or unintentional. There must still be a causal connection between the defender’s action and the emotional distress that the victim faces. For example, a case where a person witnessed the death and injury of his family member by a drunk driver may qualify for careless infliction of emotional suffering. There are so many car accident lawyers who will ensure your justice with adequate compensation. Choosing car accident lawyer Edmonton won’t be a wrong choice as he is among the brightest ones these lawyers.

Intentional infliction of emotional distress

It occurs when a defendant’s actions are intentional and violent. Bullying someone intentionally is an example of intentional infliction. In western countries, students coming back from school being bullied by their friends is a very common scenario. Suicide cases because of bullying hold a very rich number in the count. Blackmailing someone is also another example of this type. Harassers like this must be punished strictly. Taking legal action against them will never be a wrong decision.

Claim and compensation

Proving an emotional distress claim is often a tough matter, especially when you don’t have any physical injury. This type of case is often very expensive to bring in light due to the nature of hiring expert witnesses and documents. You have to prove three things to get compensation for emotional distress. They are,

You have been harmed

It will make the process easier to be compensated for the damages resulting from it.

The other party is at fault

With adequate proof, you have to bring out the faults of the defendants in front of the jury, which will help to prove them guilty.

The other party’s liable action led directly to your injury

The defendant’s action compelled you to take legal action. You would not go there without the defendant’s action that harmed you badly.

Suing

This suing is similar to the suing of other types of pain and suffering. This process is long where you will need professional legal help. Follow these four steps before going to the final action.

Consult a personal injury attorney

Having an efficient lawyer in your corner who has fought and won cases like this is one of the most important steps. Your lawyer will help you to file the necessary paperwork by negotiating to represent you in court if your case goes to trial.

Focus on your treatment

Addressing your symptoms is also an important thing while suing for emotional distress. It shows a good-faith effort by creating additional documentation of the psychological injury you are suffering.

Keep copies of documentation

Your medical records, bills, session notes play a very important role in getting the unbiased view of an impartial expert. It also shows the financial damages caused by treatment.

Create documentation from your point of view

Personal records such as photos or home videos can give a wide look into your frame of mind when you went through emotional turmoil.

Last words

Every human being living on this earth has the right to live a happy life. It’s their universal right. Never let your happiness be snatched away by someone at any cost, and never hesitate to take legal action to ensure your happiness. Now, think. If anyone ever has broken your peace, can you sue for emotional pain and suffering?