Emotional and mental stress or abuse can have far-reaching medical implications. While physical injuries such as broken bones are easily demonstrated through X-rays, mental anguish and trauma offer little to no outward evidence.
When you are the victim of a physical injury, you may suffer from lingering psychological damage long after the physical injuries are healed. Just as with any other injury, healing can take weeks or months of treatment. This may include doctor’s visits, therapy and medication and a lot of work before you are ready to resume a normal life.
When you are suing for emotional distress, you’re suing for financial damages related to the pain and suffering from the emotional distress. This may include:
- Medical bills
- Lost wages
- Embarrassment
- Loss of joy
There is also another type of emotional distress, which is intentional infliction of abuse by another person.
Intentional infliction of abuse will vary under states’ laws, but usually includes the following:
- Severe emotional distress
- Intentional recklessness
- Extreme or outrageous conduct; and
- Bodily harm
If a situation includes all of these elements, then the person who is held responsible for this behavior is liable for the emotional harm and any bodily harm. In order for the case to rise to the level of extreme or outrageous, the conduct must exceed all bounds of normal decency.
The burden of proof is high on this because you will have to prove intent; in other words, the person accused of the abuse must be proven to have intended you harm.
Length and intensity of the emotional abuse will also play a part in your case. If you feel that you’re being emotionally abused, it is a good idea to keep a diary of any interaction with this person. In your notes, include dates and times of conversations and any other incidences between you and the person you believe is causing you harm.
If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.