Is There a Potential to File Claims against Someone Who Hurt Your Feelings
Even though emotional distress is not a physical, it can be recorded as a bodily injury. It’s a serious mental condition which will have the victim tortured. The cause of emotional distress is the experiences which one will have on getting exposed to terrible acts. There will be need to enroll on counseling sessions with a psychologist as mental distress has no direct cure. Among the other indicators of mental suffering are reduced appetite, anxiety, depression or even insomnia. In case someone will have subjected you to such environment or actions which will be a torture you your mental status, you will need a good lawyer so as to make a substantial case. The answer the question as to whether you will be able to make claims to someone who will have hurt your feelings is yes. This article has discussed on the possibility of suing someone who will have caused you emotional distress.
A choice from among the two methods of filing emotional distress claims will have to be made. The prevailing conditions of your case could be that which could instigate filing of the negligent infliction emotional distress (NIED) as one of mental torture claims. Such a claim will be filed when the prevailing situation that led to emotional distress was unintentional or accidental. Such could be interpreted to mean the defendant wasn’t aware of his/her actions. One of the cases where the NIED lawsuit will work best is reporting of harassment case to your manager who will neglect taking action.
Intentional infliction of emotional distress (IIED) is the second type of lawsuit which you could file. The IIED claims will only be filed when you will have proof to show that the severe actions which caused mental trauma were deliberately done by the defendant. Such scenarios will have to be very critical and will need proof in court to show that the actions were deliberate. The services offered by an attorney will be instrumental in assisting you to realize the type of case you will need to file hence have a higher potential of winning it. For instance, if you were forced to witness an shocking act of violence like killings, you will have a strong IIED case.
You will have to ensure that your case is stronger by having with you enough evidences of the actions of the defendant. This is because there are varied law requirements for filing a lawsuit depending on the jurisdiction. You will need not be reluctant in filing for claims for such scenarios hence the need for immediate filing of the case so as to boost your chances of winning.
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