A shocking accident or incident can cause significant psychological trauma, leaving you with ongoing emotional distress long after the incident.
In certain circumstances, you can sue someone for emotional distress after an accident or because you were forced to witness something traumatizing.
Emotional distress claims have strict requirements, though, so you need experienced legal counsel to prepare a robust case.
The team at LawtonCates has over 65 years of experience litigating complex injury claims.
We purposely limit the number of cases we take, which enables us to give our clients our full commitment and never settle for less than they deserve. Our attorneys have earned a reputation among judges, defense lawyers, and insurers as a firm that does not back down.
We have also received the highest AV Preeminent rating from peer-review service Martindale-Hubbell.
Contact us today for a free case evaluation with an experienced attorney to learn more about your options for seeking compensation for emotional distress in Wisconsin.
Emotional Distress with a Physical Injury: “Pain and Suffering”
Physical injuries can cause someone to experience emotional distress from the shock or trauma of the injury itself, the physical pain and distress during recovery, embarrassment or humiliation from scarring or disfigurement, or reduced quality of life due to physical disabilities resulting from injuries.
A person whose injuries are the result of someone else’s negligence may have the right to seek compensation for emotional distress from that party, as laid out in Wisconsin Statute § 895.443.
Suing for Emotional Distress Without a Physical Injury
The law also allows an individual to seek compensation specifically for emotional distress that a party intentionally, recklessly, or negligently causes, even if the individual suffers no corresponding physical harm.
Compared to seeking damages for emotional distress caused by physical injuries, these claims are more difficult to prove.
Claims for intentional infliction of emotional distress and negligent infliction of emotional distress provide an opportunity for a person whose harm only involves emotional trauma to pursue financial recovery from the party or parties responsible for causing that trauma.
Intentional Infliction of Emotional Distress (IIED)
An individual may have an intentional infliction of emotional distress (IIED) claim when another party commits an act intended to cause the individual emotional distress or acts with reckless disregard of the risk that their behavior may cause the individual to experience emotional distress.
Furthermore, the party causing emotional distress must act with “extreme and outrageous” conduct that would shock the conscience of reasonable people.
The party’s conduct must also play a substantial role in causing the individual’s emotional distress.
Finally, the law requires an individual claiming IIED to suffer severe, disabling emotional distress or trauma that an average person would not ordinarily endure. A court may also require a person pursuing an IIED claim to show they have no other viable legal claim for compensation.
Negligent Infliction of Emotional Distress (NIED) & Bystander Claims
A person may have a viable negligent infliction of emotional distress (NIED) claim under certain circumstances.
An individual might pursue an NIED claim if they experience severe emotional trauma resulting from the psychological trauma of being a potential accident victim. For example, a person may have an NIED claim if a vehicle bouncing off a collision caused by a driver’s negligence nearly strikes them.
However, a bystander to an accident may also have an NIED claim if they meet certain criteria.
The “Bystander” Rule
The “bystander” rule may also permit certain individuals to seek financial recovery for NIED, as established by Bowen v. Lumbermens Mutual Casualty Co. (1994).
Under the bystander rule, a person may have an NIED claim if they witnessed a loved one suffer a traumatic accident or witnessed the immediate aftermath of the accident.
Wisconsin no longer requires a bystander to have been within the “zone of danger” with their loved one or to manifest physical symptoms from their emotional distress. Instead, factors that may give a person an NIED claim under the bystander rule include:
- Proof of severe emotional distress, with or without physical symptoms
- A close relationship between the claimant and the injured party, such as familial ties
- The claimant observed the accident or witnessed the immediate aftermath (e.g., seeing a loved one with severe injuries right after an accident)
How Do You Prove Emotional Distress?
Depending on your claim, you may need to present various types of evidence to prove your right to recover compensation for emotional distress. Examples of evidence used in emotional distress claims include:
- Medical treatment records
- Mental health records
- Opinion letters from treating medical and mental health care providers
- Accident records
- Eyewitness statements and testimony
- Testimony from family members and friends regarding the severity of emotional distress
How Can Our Personal Injury Attorneys Help?
The legal team at LawtonCates can help you pursue a claim for emotional distress caused by another party’s conduct.
We have a proven track record of success in recovering compensation for emotional distress, including obtaining a $463,000 award for a client who suffered post-traumatic stress disorder from a head-on collision.
Although our past results do not guarantee future success, our compassionate staff strives to provide you with top-quality service. As one of our past clients wrote about our firm:
“I am extremely grateful to have had Lawton Cates represent me. From the start, they were not only professional but also compassionate and truly invested in my case. They took the time to explain every detail in a way that made me feel confident and at ease. Their expertise and attention to detail were evident in every aspect of the process, and they always kept me informed and updated. Thanks to their hard work and dedication, I was able to achieve a positive outcome. I highly recommend Attorney Polich to anyone seeking skilled, trustworthy legal representation!”
Contact Our Wisconsin Personal Injury Lawyers for a Free Case Review
Have you experienced significant emotional distress due to an accident or incident caused by someone else’s intentional, reckless, or negligent conduct?
If so, you may have the right to seek financial recovery and justice.
Contact LawtonCates today for a free consultation with a Wisconsin personal injury lawyer to discuss the details of your case and learn more about your next steps.