If you have experienced emotional distress that is affecting your quality of life, you may want to consider filing a lawsuit for emotional distress. Even minor accidents can be frightening and cause worry, post-traumatic stress, and other mental issues. Long-term emotional distress can negatively affect practically every element of a person’s life. Nevada’s personal injury law allows you to sue for emotional distress. Proving emotional distress in court can be difficult, so it is essential to consult an experienced attorney.

What Constitutes Emotional Distress in Nevada?    

Emotional distress, often known as “mental anguish,” is a severe emotional and mental reaction to an action committed by another person or a company. This form of psychological injury can have serious consequences for your own well-being, business, and public image. It can take the shape of trauma, shock, despair, or difficulties performing daily tasks as a result of a specific mental state of discomfort.

Types of Emotional Distress Claims in Nevada

Emotional distress can be defined as careless or purposeful, depending on the reason. Regardless of classification, Nevada acknowledges emotional distress as a legal basis for action. As a result, people seeking damages and monetary compensation for emotional injuries might pursue legal action.

Intentional infliction of emotional distress

Under Nevada law, intentional infliction of emotional distress arises when a plaintiff experiences severe distress as a result of a defendant’s intentional and unjust activities.

To establish a cause of action for intentional infliction of emotional distress, a plaintiff must prove three things:

(1) The defendant committed acts that were severe and shocking.

(2) The defendant meant to cause mental distress or behaved recklessly to do so.

(3) The plaintiff experienced emotional distress as a direct result of the defendant’s activities.

Negligent infliction of Emotional distress.

Negligent infliction of emotional distress is a legal claim in Nevada for people who witness a close family member’s disability or death, as well as those who experience serious emotional trauma as a result of negligence.

In Nevada, the following factors are required for a claim of negligent infliction of emotional distress.

• The defendant’s negligence was the cause of an accident or injury.
• The plaintiff was either the wounded person or a close relative of the injured person.
• The plaintiff observed the accident or injuries.
• The plaintiff was emotionally distressed as a result of witnessing or experiencing the accident.

Can you Sue for Emotional distress in Nevada?

To file an emotional distress case in Nevada, you must first meet certain legal conditions. To be successful in your claim, you must give reliable proof to back up your argument. Here is what you should know:

Proving Emotional Distress in Nevada Court

To bring a claim for Intentional Infliction of Emotional Distress (IIED) or Negligent Infliction of Emotional Distress (NIED), you must demonstrate that the defendant’s acts directly caused your emotional distress. This necessitates establishing the gravity of the anguish, which is frequently supported by medical records, psychological assessments, and witness testimony. The more proof you can give, the more convincing your case will be.

Statute of Limitations for Emotional Distress Claims

In Nevada, there is a time limit for filing an emotional distress case. This is referred to as the statute of limitations. Generally, you have two years from the date of the incident to bring a claim. Failure to file within this timeframe may result in your lawsuit being dismissed, so act quickly.

Importance of Evidence

Strong evidence is essential for winning an emotional distress case. Collecting documents such as medical records, therapy notes, and witness statements can considerably strengthen your claim by demonstrating the impact of the distress on your life.

Challenges in Proving Emotional Distress

Proving emotional distress in a Nevada court can be difficult due to the subjective nature of 

quantify and demonstrate. Here are a few prevalent challenges:

Difficulty quantifying emotional distress.

One of the most difficult challenges is expressing the depth of your emotional distress. Because emotional distress leaves no physical signs, you must rely on evidence such as medical records, therapy notes, and expert testimony to determine the level of your anguish. The subjective nature of emotional distress makes it difficult to prove to a judge or jury.

Common Defenses Used by Defendants:

Defendants may argue that your distress was small or that their acts did not cause significant emotional harm. They may even argue that your distress was caused by circumstances unconnected to their behaviour. These defenses might complicate your case and necessitate a robust legal approach to overcome.

The Role of Expert Witnesses

Expert witnesses, such as psychologists, can be extremely helpful in proving your case. Their evidence can help explain the psychological impact of the defendant’s behaviour, giving your claim greater credibility in court.

Compensation in emotional distress cases

In Nevada, if you successfully prove your emotional distress claim, you may be eligible for numerous types of compensation. The amount and type of compensation you receive are determined by the circumstances of your case, such as the severity of your grief and the impact it has on your life.

Compensation in emotional distress cases is often divided into two categories: economic and non-economic damages. Economic damages include the financial consequences of your distress, such as medical expenditures for therapy or treatment. Non-economic damages, on the other hand, pay for the emotional pain and suffering experienced. These consequences can vary greatly depending on how severely your distress has impacted your mental and emotional health.

Nevada courts evaluate a variety of variables when calculating compensation, including the duration and severity of your distress, the proof you present, and the nature of the defendant’s activities. Punitive damages may be awarded in some circumstances if the defendant’s behaviour was extremely horrible, serving as both a punishment and a deterrent to future similar crimes.

Contact our Experienced Personal Injury Attorney in Nevada Today!

If you are considering filing an emotional distress case in Nevada, contact Moss Berg Injury Lawyers for skilled advice and representation. Allow our experienced attorneys to guide you through the complexities of your case and secure the justice and compensation you deserve. Contact us today to set up your free consultation!