Can You Sue for Emotional Distress in Nevada?

August 16, 2022 Personal Injury

After an unexpected accident, your injuries can be much more than just physical. Psychological trauma and emotional distress are very common after experiencing an injury. If someone else’s actions are responsible for the pain that you have endured, you deserve to hold him or her accountable.

In Nevada, you can file a personal injury lawsuit against a negligent party to recover not only your financial losses but also the emotional distress that you experienced. These losses fall under the category of non-economic damages.

What Is Emotional Distress?

Emotional distress refers to the mental anguish that you have experienced as a result of a traumatic experience. Accidents like motor vehicle collisions, incidents of medical malpractice, and many other forms of harm can lead to psychological consequences.

Recovering Emotional Distress Damages in Nevada

Recovering Emotional Distress Damages in Nevada

In Nevada, you have the right to file a lawsuit against any person who causes injury to your mind, body, or emotions. A person whose actions cause harm to another can be held liable through a personal injury lawsuit. There are two categories of compensation available in these claims: economic and non-economic.

Economic damages involve your financial losses, such as medical expenses, property damage, and lost wages. Non-economic damages refer to the intangible pain and suffering that you experienced. This pain and suffering can be physical as well as emotional.

To recover compensation for emotional distress, you will need to prove that the following facts are true:

  • The emotional distress is not temporary and has a significant impact on your life.
  • The emotional distress was directly caused by the traumatic experience and the defendant’s actions.
  • The emotional distress is medically significant and may rise to the level of a mental health disorder.

You can leverage several pieces of evidence to prove your right to emotional distress damages. In these situations, it is important to consult with a lawyer who can build a compelling case in your favor. Your attorney may use medical records, professional evaluations, and expert witnesses to prove your right to fair compensation.

What Are the Types of Emotional Distress?

Symptoms of emotional distress can vary depending on your experience. In order to qualify for a lawsuit, you must experience some disturbance to your mental health as a result of the traumatic experience. Below are a few common types of emotional distress:

  • Anxiety
  • Depression
  • Post-traumatic stress disorder
  • Hallucinations
  • Sleep problems, like insomnia
  • Rage or aggression
  • Lack of focus or concentration
  • The development of new phobias

Different Types of Accidents and Their Psychological Impact

After an unexpected accident, the resulting injuries can extend beyond the physical realm, affecting victims psychologically and emotionally. Understanding the various types of accidents and their potential psychological impacts is crucial for those seeking compensation for emotional distress.

1. Truck Accidents

Truck accidents often result in severe physical injuries due to the size and weight disparity between trucks and other vehicles. However, the psychological trauma can be equally devastating. Victims may experience heightened anxiety or post-traumatic stress disorder (PTSD) due to the intensity of the collision and the potential for catastrophic outcomes. Consulting with a Las Vegas truck accident lawyer is advised.

2. Motorcycle Accidents

Motorcycle accidents pose unique risks to riders, often leading to serious injuries and emotional trauma. Riders involved in accidents may experience feelings of vulnerability, fear of riding again, and persistent anxiety related to the accident. PTSD is also common among motorcycle accident survivors, especially if the accident involved significant injuries or fatalities. In times like these, a motorcycle accident attorney in Las Vegas, NV can help victims recover the compensation they deserve.

3. Pedestrian Accidents

Pedestrian accidents can result in severe physical injuries and profound emotional distress for both the victim and their loved ones. Pedestrians struck by vehicles may experience feelings of helplessness, fear of crossing streets, and trauma-related anxiety. Witnessing or being involved in a pedestrian accident can lead to long-term psychological issues, including PTSD and depression. Contact a pedestrian accident lawyer in Las Vegas for help navigating the legal complexities following an accident.

Why You Need a Lawyer for Your Emotional Distress Lawsuit

Proving emotional distress can be very difficult. Psychological harm does not show the same tangible symptoms as a broken leg or brain damage. In these situations, it is important to have a lawyer on your side who can fight for your side of the story.

A car wreck lawyer in Las Vegas can provide significant benefits during an emotional distress claim. He or she will understand the complexities of these lawsuits and will help you prepare for each stage of your claim. Your lawyer will gather evidence to prove your right to recovery and leverage his or her skills and experience to fight for your highest possible settlement.

If you plan on filing an emotional distress claim, you need all the support that you can obtain. As soon as possible following your accident, contact a Nevada personal injury lawyer to discuss your next steps.