When you are injured in an accident, it seems naturally obvious to most people that you can seek compensation for your physical injuries and lost wages. However, you are also entitled to recover from the psychological and emotional harm inflicted. In Nevada, the term used to describe your psychological pain is 'emotional distress,' and it may represent a significant part of the compensation you deserve.
If you were seriously injured and need help getting everything you're entitled to, speak with the Las Vegas personal injury attorneys at Cohan PLLC. Our experienced personal injury lawyers will explain what you can demand through a personal injury lawsuit, including emotional distress damages, and how Cohan PLLC will aggressively work to get you every dollar you deserve.
Call us today at (702) 623-3579 to schedule a free, no-risk consultation.
What is Emotional Distress?
Black's Law Dictionary defines "mental anguish" or "emotional distress"' as an element of damages, including "the mental suffering resulting from the excitation of the more poignant and painful emotions, such as grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc."
The United States Supreme Court has stated that emotional distress describes a mental or emotional injury that is separate and distinct from the tort law concepts of pain and suffering. Pain and suffering, though indicative of mental harm, are related to injuries derived from a physical injury or condition. Emotional distress is mental or emotional harm (such as fright or anxiety) that is not directly brought about by a bodily injury but manifests itself in related physical symptoms.
What are the Symptoms of Emotional Distress?
To successfully claim emotional distress damages, there must be symptoms that manifest directly from the mental distress suffered as a result of the traumatic accident. These symptoms include the following:
Post-Traumatic Stress Disorder (PTSD)
Depression
Lack of Focus
Phobias
Anxiety
Sleep Deprivation
Rage
Lethargy
The symptoms of emotional distress can have a significant impact on your day-to-day way of life. They can even disrupt your livelihood. In certain instances, the symptoms of emotional distress can have lengthy recovery periods and require professional help to resolve. If you suffer from these symptoms, you need the Las Vegas trial lawyers at Cohan PLLC to get the compensation you deserve.
Nevada Emotional Distress Lawsuits
There are two types of emotional distress lawsuits in Nevada: (1) Intentional Infliction of Emotional Distress; and (2) Negligent Infliction of Emotional Distress. You should consult with experienced Las Vegas personal injury lawyers to determine what claims are appropriate for you.
Intentional Infliction of Emotional Distress
To establish a cause of action for intentional infliction of emotional distress, a plaintiff must prove: (1) the defendant acted with extreme and outrageous conduct with either the intention of or reckless disregard for causing emotional distress; (2) the plaintiff suffered severe or extreme emotional distress; and (3) causation. With intentional infliction of emotional distress, the issue will essentially be the severity of the emotional distress, which can often be shown through the manifestation of physical symptoms.
Negligent Infliction of Emotional Distress
In Nevada, the elements for a claim of negligent infliction of emotional distress are: (1) the defendant negligently caused an accident or injury; (2) the plaintiff was either the person who was injured or someone with a close familial relationship to the injured person; (3) the plaintiff witnessed or experienced the accident or injury; and (4) as a result of witnessing or experiencing the accident, the plaintiff suffered distress. The majority of emotional distress cases will involve negligent infliction of emotional distress. In Nevada, you must prove the manifestation of physical symptoms to prove this cause of action.
Proving Emotional Distress
Judges and juries typically have an easier time believing significant psychological suffering if it is accompanied by physical pain. Your lawyer can use this to your advantage to recover compensation for both physical and mental anguish.
In some cases, it is possible to suffer mental anguish despite avoiding severe physical injury. When presenting a claim that focuses on mental distress without significant physical trauma, you may have a more challenging time proving your case.
However, the best ways to prove mental anguish include:
Personal testimony
Expert testimony
Your medical records
Proving Emotional Distress
Proving mental anguish or emotional distress can be difficult. But an experienced personal injury attorney can explain what evidence can demonstrate your suffering. For example, proof of your treatment for depression, anxiety, or physical symptoms can all help prove your case.
Also, demonstrating how your daily life has deteriorated or changed can support your compensation claim. This includes your ability to work and your relationships with friends and family.
Call Cohan PLLC Your Las Vegas Personal Injury Attorneys Today
Your mental suffering after an accident should never be overlooked. This is especially true if it was due to someone else's negligence, carelessness, or recklessness.
When you have a personal injury claim, it's best to work with an attorney who understands the consequences of an accident are not simply physical but are also emotional. At Cohan PLLC, we have the resources you need. We will thoroughly review your injuries and the accident that caused them to ensure we seek an appropriate amount of compensation for your mental anguish.
Our firm will do whatever it takes to help you recover.
Call (702) 623-3579 or fill out our contact form!
Chasen Cohan, Esq. is the founder of Cohan PLLC. Mr. Cohan is a licensed attorney who also possesses FINRA Series 7 (Registered Representative) and Series 63 (Uniform State Representative) licenses, state insurance licenses, and State Securities Registrations in Nevada, Missouri, and North Carolina. Mr. Cohan is admitted to practice law before the Nevada Bar, all Nevada State and Federal Courts, and the United States Court of Appeals for the Ninth Circuit.
Mr. Cohan’s representative clients have included: Wal-Mart Stores, Inc., Sam’s West, Inc., MGM Grand Resorts International, New York-New York Hotel & Casino, Mandalay Corp., The Treasure Island Hotel and Casino, The Cosmopolitan of Las Vegas, The Mirage Casino-Hotel, South Point Hotel & Casino, American Express, Barclays, US Bank, Wells Fargo, Citibank, and various life insurance companies and service providers.
Mr. Cohan is a Las Vegas native who graduated with honors from UCLA with a Bachelor of Arts degree in Political Science. Mr. Cohan received his Juris Doctorate from the University of Texas School of Law. During law school, Mr. Cohan served as a clerk for the Office of the Texas Attorney General and a Judicial Extern for United States District Court Judge James R. Nowlin.
Clients from global brands and middle-market companies to innovative startups and individuals trust Cohan PLLC to resolve their trickiest legal disputes. Whether that’s litigation in state or federal trial and appellate courts in Nevada; investigations and enforcement actions before government agencies; or mediation, arbitration, and regulatory agency proceedings. Cohan PLLC has litigated hundreds of millions in dollars of claims on behalf of corporate litigants. As a result of this experience, Cohan PLLC has been afforded the opportunity to selectively act as Plaintiff’s counsel on complex, personal injury matters.