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Can You Sue for Emotional Pain & Suffering?

Can You Sue for Emotional Pain & Suffering?

Emotional pain and suffering, as opposed to physical pain and suffering, can be grounds for a lawsuit under certain circumstances. This is also commonly referred to as a mental anguish lawsuit. If you or someone you know experienced emotional distress as the victim of intentional or negligent actions caused by another person you may be able to sue emotional pain and suffering.

Emotional distress claims often involve wrongful death, disfigurement, serious bodily injury, or the death or injury of a family member. In a civil lawsuit, a plaintiff can sue for emotional pain and suffering via a mental anguish lawsuit against the defendant if they experienced significant sadness, anxiety, or distress.

How Do You Determine Emotional Pain & Suffering?

There are many different types of traumatic incidents that could cause emotional pain. For example, if someone held a gun to your head, threatened your life or the life of a family member, or even swung a bat at you. All of these examples could cause emotional pain and suffering but how do you define it?

Mental anguish or emotional pain and suffering isn’t just embarrassment, resentment, disappointment, or anger. Mental anguish refers to suffering from emotional disturbances such as:

  • Anxiety
  • Distress
  • Fear
  • Grief
  • Trauma
  • Depression

This type of pain and suffering, unlike physical pain, isn’t easily calculated. You wouldn’t be suing for general damages such as reimbursement for medical bills or the destruction of property. An emotional pain and suffering lawsuit would cover more hard-to-calculate damages such as loss of enjoyment, loss of reputation, effects of PTSD on your life, long term effects of an injury, etc.

Get Assistance With Your Emotional Distress Suit in New Port Richey, Florida

If you have experienced emotional distress due to the intentional or negligence of another, please give us a call and tell us what happened. We may be able to help: 727-843-0097

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