If you have experienced serious emotional distress, it can affect your sleep, work, and overall well-being. In Las Vegas, Nevada law allows people to sue for emotional distress under certain circumstances. Both intentional and negligent actions by another person can be grounds for a claim, but proving it in court requires careful documentation and evidence. Understanding the rules and types of claims can help you decide whether to pursue legal action.
What Constitutes Emotional Distress in Las Vegas?
Emotional distress is more than just feeling sad or upset. It is a severe mental and emotional reaction to someone else’s actions. It can include trauma, shock, despair, or difficulty handling everyday tasks. Emotional distress can affect your personal life, your work, and your public reputation. In court, it is important to show that the distress resulted directly from another person’s actions or negligence.
Types of Emotional Distress Claims in Las Vegas
There are two main types of emotional distress claims recognized under Nevada law.
Intentional Infliction of Emotional Distress occurs when someone’s actions are extreme and meant to cause mental suffering. To prove this, you must show that the person acted in a way that was severe and shocking, that they intended to cause distress or acted recklessly, and that you experienced distress as a direct result.
Negligent Infliction of Emotional Distress applies when someone suffers severe emotional trauma because of another person’s carelessness. This can include situations where you witness a close family member being injured or killed, or when negligence directly harms you. To bring a claim for negligent infliction of emotional distress, the following must be true: the accident or injury was caused by someone’s negligence, the plaintiff is either the injured person or a close relative, the plaintiff witnessed the accident or injury, and the emotional distress resulted from that experience.
Who Can File a Lawsuit?
In Las Vegas, only certain people can file emotional distress claims. A direct victim of negligence or intentional wrongdoing can bring a claim. Bystanders who witness serious injury or death of a close family member may also file a lawsuit. Courts consider someone closely related if they are an immediate family member or related by blood or marriage and share a close personal bond. Friends, roommates, or distant relatives typically do not qualify unless the relationship is exceptionally close. The seriousness of the emotional distress must be foreseeable to the person causing the harm.
Proving Emotional Distress in Court
Proving emotional distress can be challenging because it is largely subjective. You must demonstrate that the distress was caused directly by the defendant’s actions. Evidence such as medical records, therapy notes, psychological evaluations, and witness statements can help. Expert testimony, such as from psychologists, can explain the mental and emotional impact and strengthen your case. Courts look for a direct link between the defendant’s conduct and the plaintiff’s suffering.
Statute of Limitations
In Nevada, you generally have two years from the date of the incident to file an emotional distress lawsuit. Missing this deadline can prevent your case from moving forward, so timely action is important.
Challenges in Emotional Distress Cases
One of the biggest challenges is showing the depth of your distress. Because emotional harm often leaves no visible signs, courts rely on documentation and expert testimony. Defendants may argue that your distress is minor or unrelated to their actions. These defenses can complicate cases, so thorough evidence is critical.
Damages You Can Recover
If your emotional distress claim is successful, you may be eligible for both economic and non-economic damages. Economic damages include medical bills, therapy costs, or other financial losses caused by the distress. Non-economic damages cover pain, suffering, and emotional impact. Courts consider the duration and severity of distress, supporting evidence, and the defendant’s behavior when determining damages. In some cases, punitive damages may be awarded to punish extremely harmful conduct and discourage similar behavior in the future.
Call Blake Friedman Today
If you are experiencing emotional distress from an accident, injury, or other negligent or intentional acts in Las Vegas, you can take legal action to seek compensation. Gathering evidence, documenting your symptoms, and consulting an experienced attorney can improve your chances of a successful claim. Call (702) 970-4222 to speak with our personal injury lawyer who can review your situation and help you understand your legal options.
