If you’ve been through a traumatic experience, the pain might not just be physical. Emotional distress can have a serious impact on your life, from anxiety and depression to insomnia and PTSD. In Nevada, you may have the right to sue for emotional distress and get compensation for the suffering you’ve gone through.
This guide explains how emotional distress lawsuits work in Nevada, who can file a claim, and what kind of compensation you might receive.
What Is Emotional Distress?
Emotional distress refers to mental suffering that comes from a traumatic event. It can affect people in different ways. Some common symptoms include:
- Constant anxiety
- Depression
- Nightmares or flashbacks
- Trouble sleeping
- Mood swings
- Loss of appetite
- Feeling hopeless or helpless
These symptoms can show up after being directly involved in an accident or after witnessing a traumatic event involving someone close to you.
Types of Emotional Distress Claims in Nevada
There are two main types of emotional distress claims in Nevada:
Negligent Infliction of Emotional Distress (NIED)
This type of claim happens when someone causes emotional harm through careless actions. For example, if a person drives recklessly and causes a crash, anyone directly harmed or even close family members who witnessed the crash may be able to file a claim.
To win this kind of case, you usually need to show:
- Someone acted with negligence
- You were injured or closely related to someone who was injured or killed
- You witnessed the event or were present during the trauma
- You experienced emotional distress as a result
Intentional Infliction of Emotional Distress (IIED)
This claim is for situations where someone meant to cause you serious emotional harm or acted so outrageously that it led to mental suffering. It’s harder to prove than a negligence case because the behavior must be extreme or shocking.
You don’t always need to show physical symptoms to win an IIED case, but you do have to prove that the distress was severe and that the person acted intentionally or with reckless disregard for your feelings.
Common Causes of Emotional Distress
There are many ways emotional distress can happen. Some of the most common situations include:
- Car accidents
- Witnessing a loved one’s injury or death
- Medical malpractice
- Physical or sexual abuse
- Being the victim of a violent crime
- Handling a deceased loved one’s remains improperly
Even if you weren’t hurt physically, watching something traumatic or losing someone close to you can cause deep emotional pain that lasts for years.
Who Can File an Emotional Distress Lawsuit?
In Nevada, the law allows both direct victims and certain bystanders to file emotional distress claims.
- Direct victims: People who were directly affected by the event or behavior.
- Close family members: If a parent, child, spouse, or someone else you’re very close to was hurt or killed, you may be able to file a claim if you witnessed the incident.
- In cases involving deceased loved ones: If someone mishandles a family member’s remains, close relatives may sue for emotional distress caused by learning about or seeing the mistreatment.
You must show a close relationship, such as a parent-child or married couple. The court may also accept relationships where people lived together or shared a deep personal bond.
What Evidence Is Needed?
You’ll need strong proof to support your emotional distress claim. Courts don’t just take your word for it. They’ll look for:
- Medical or therapy records showing treatment for mental suffering
- Testimony from psychologists or mental health experts
- Witness statements from friends or family describing how you’ve changed
- Your own written or spoken account of how you’ve been affected
It helps if your emotional symptoms are linked to physical problems like headaches, nausea, or sleep disorders. These can support your claim and show how the trauma affected your health.
How Much Compensation Can You Get?
There’s no fixed amount for emotional distress claims in Nevada. Juries decide what’s fair based on your case. However, some general guidelines apply.
Emotional distress damages are usually worth two to five times the cost of your medical bills, therapy, and lost wages. So, if you spent $10,000 on treatment and missed work, your emotional distress award could range from $20,000 to $50,000 or more.
The actual amount depends on:
- How severe your suffering is
- Whether it’s long-term or short-term
- How your daily life and relationships have been affected
- The strength of your evidence
Nevada does not have a damage cap on emotional distress for most personal injury claims. That means your compensation isn’t limited by law.
Do You Need to Have Physical Injuries?
Not always. For IIED cases, physical injuries are not required. For NIED claims, though, either you must be injured, or you must have experienced strong emotional effects after seeing someone close to you get hurt or killed.
That said, physical signs of stress like ulcers, migraines, and sleeplessness can help prove your claim even if there are no major injuries.
Should You File an Emotional Distress Lawsuit?
If you’ve been dealing with ongoing emotional suffering because of something traumatic, it may be worth talking to a lawyer. These cases can be complicated, especially when it comes to gathering evidence or proving how the other person’s actions caused your suffering.
A legal team can help figure out what kind of claim to file, collect the right documents, and guide you through the process step-by-step.
Call for a Free Consultation
If you or a loved one is going through emotional distress caused by someone else’s actions, you may have the right to file a claim. Our car accident lawyers in Las Vegas at Friedman Injury Law can help you understand your options and build a strong case for compensation. Call (702) 970-4222 to schedule a free consultation and find out how we can support you during this difficult time.
