Suing for Emotional Distress in North Carolina

After a serious accident, emotional distress can feel just as overwhelming as physical injuries. Anxiety, post-traumatic stress disorder (PTSD), or other mental health challenges stemming from an accident can seriously affect your life. If you’re in North Carolina and dealing with the emotional harm caused by someone else’s actions, you may be wondering, “Can I sue for emotional distress?” The answer is, under certain circumstances, yes. Here’s what you need to know.

What is emotional distress?

Emotional distress is the legal term for the psychological effects of someone else’s harmful actions. It’s more than just feeling upset or annoyed – emotional distress is a serious mental health condition that can disrupt your daily life. Examples of emotional distress include:

• Constant worry or fear, often making it hard to focus or relax.
• Persistent sadness, hopelessness, or loss of interest in activities.
• Flashbacks, nightmares, or emotional reactions caused by trauma.
• Difficulty sleeping due to stress or trauma.

Emotional distress can also manifest physically, causing things like headaches, nausea, or heart palpitations. If you’re experiencing any of these symptoms because of someone else’s actions, you may be entitled to compensation.

About emotional distress claims

Here in North Carolina, emotional distress claims typically fall under two categories – intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED).

Intentional infliction of emotional distress

To succeed in an IIED claim, you need to prove that the other party’s behavior was:

• Extreme and outrageous – their actions must go beyond what’s acceptable in a civilized society. For example, repeated harassment, threats, or public humiliation could qualify.
• Intentional or reckless – the person acted with intent to cause emotional harm or showed a blatant disregard for how their actions would affect you.
• Resulted in severe emotional distress – you must show that these actions caused significant psychological harm, supported by medical or psychological evidence.

For example, if someone spreads false and harmful rumors about you in the workplace, causing you extreme anxiety and depression, you might have grounds for an IIED claim.

Negligent infliction of emotional distress

On the other hand, NIED claims don’t require intent but instead focus on the other party’s carelessness. To prove NIED, you must show that:

• The other party was negligent and failed to act with reasonable care.
• You were within a “zone of danger,” meaning their negligence put you at risk of physical harm.
• The emotional distress is significant and diagnosable.

One example of NIED could be a car accident caused by a reckless driver. If the collision left you with PTSD or severe anxiety, you might have a valid claim.

What is PTSD?

PTSD is a common form of emotional distress cited in lawsuits. It often develops after experiencing or witnessing a traumatic event, like a car accident, assault, or workplace injury. PTSD can affect the ability to work, maintain relationships, or even perform everyday tasks.

If you’re experiencing PTSD due to someone else’s actions, your legal claim might focus on how their behavior directly caused your condition. Our Charlotte injury and accident attorneys can use medical records, therapy notes, and expert testimony to strengthen your case.

How do I prove emotional distress?

It can be challenging to prove emotional distress, as mental health issues aren’t visible injuries. However, the court takes these claims seriously when supported by evidence. Here’s what you’ll likely need:

• Records from therapists, psychologists, or psychiatrists detailing your condition, symptoms, and treatment
• A mental health professional can provide expert testimony as to how the event caused your emotional distress
• Your own account of how the incident has affected your life, including limitations or lifestyle changes
• Friends, family, and co-workers can describe noticeable changes in your behavior or well-being
• Journals, emails, or text messages can document your emotional state or interactions with the responsible party

Emotional distress claims are valid, but they can be harder to prove than physical injuries. Common challenges include the following:

• Some jurors or insurance companies may doubt the severity of your emotional distress
• Emotional pain varies greatly from person to person, making it difficult to measure
• Some policies may not cover emotional distress unless it’s tied to a physical injury

The Charlotte attorneys at Price Petho & Associates can help overcome these challenges by building a strong case on your behalf, using clear and convincing evidence.

Emotional distress and North Carolina legal considerations

Here are a few important considerations if you are considering filing a claim for emotional distress.

• You typically have three years from the date of the incident to file an emotional distress lawsuit. This timeframe can vary depending on the specifics of your case. For example, if the distress arises from a car accident, the clock starts ticking on the date of the accident.
• North Carolina follows a contributory negligence rule, which means that if you’re even one percent at fault for the accident, you can be barred from recovering damages. This makes it even more important to demonstrate that the other party was responsible for your distress.
• North Carolina doesn’t impose caps on compensatory damages from emotional distress, meaning you may recover the full amount of your proven losses. However, punitive damages (which are damages meant to punish the defendant) are capped at three times the compensatory damages or $250,000 – whichever is greater.

What is the value of my emotional distress case?

With a successful case, you may be entitled to various forms of compensation, including:

• Costs for therapy, counseling, or medications.
• Compensation for time missed from work due to your emotional distress.
• Damages for the inability to enjoy activities you once loved.
• Punitive damages, which are additional compensation to punish the defendant for extreme misconduct.

Our Charlotte attorneys will work with you to calculate a fair amount based on the severity of your emotional distress and its impact on your life.

How can your Charlotte personal injury attorneys help?

Working through an emotional distress claim can be overwhelming, especially when you’re already dealing with mental health challenges. Our skilled personal injury lawyers can:

• Determine whether you have a valid claim and identify the best legal strategy to handle your case.
• Collect the documentation and evidence needed to prove your emotional distress.
• Negotiate with insurance companies and advocate a fair settlement on your behalf.
• Present a strong and compelling case if your claim goes to trial.

At Price Petho & Associates, we understand that emotional distress can affect every aspect of your life. We’re here to help you seek the justice and compensation you deserve for your suffering.

If you’re struggling with emotional distress caused by someone else’s actions, don’t face it alone. The Charlotte personal injury lawyers at Price Petho & Associates are here to help. Whether it’s PTSD, anxiety, or other mental health challenges, you deserve justice and fair compensation for the harm you’ve endured. Contact us today for a free consultation, and let us guide you through the legal process with care and expertise. Your peace of mind matters, and we’re ready to fight for it. Please call our office or submit our contact form to schedule a free consultation at one of our Charlotte, Rutherfordton, or Rockingham offices today.