What Must Be Proven in a Lawsuit for Emotional Distress and Trauma? 

Suing a defendant for inflicting physical injury is far more common than suing for emotional distress. The reason is tied into evidence. With physical injury, it is far easier to show the presence of harm and injuries. With emotional distress, however, most cases require the plaintiff to show that they have also suffered physical harm owing to the same incident that caused emotional damage. In a very limited number of cases (for instance, defamation or sexual harassment), some courts are enabling plaintiffs to claim damages solely for emotional distress.

Was the Emotional Distress Intentional or Unintentional? 

Emotional distress can result from either intentional acts or negligent ones. For instance, if someone bullies you at work and tries to ostracize you from the rest of your co-workers, it can reasonably be deduces that there was an intention to do harm. If, however, a pilot helming a plane was under the influence when they took flight, and the plane crashed and caused casualties, surviving families would suffer emotional distress from a negligent act.

What Must You Present to the Court When You Are Suing for Emotional Distress?

You would not need to write down your emotions and/or prevent medical records that reveal your emotional state. The next step is to contact an attorney and show them your notes, journals, and records. Before the trial, the defendant’s legal team will also draft pertinent documents and present information. Prior to trial, there is still time for legal teams to get together and come to a settlement. If no settlement is reached, you can proceed to the trial, where you can hopefully convince the courts or a jury that the plaintiff has caused you emotional distress.

A Related Legal Issue: Workplace Trauma, or PTSD

Another speciality defendants sometimes rely upon to bring a case to court is that of workplace trauma or PTSD. In order to succeed, the plaintiff would first have to obtain a diagnosis of PTSD. To satisfy the criteria for a positive diagnosis, they would need to show that they were exposed to a traumatic event at work, that they were-experience the trauma, that they were now actively avoiding anything to do with this event, they have had changes in their personality or emotional responses, and that they have recurrent feelings of arousal. These can include sleep issues, a lack of impulse control, irritability, angry outburst, and similar.

Common Causes of PTSD in the Workplace

Many legal experts find that bringing a lawsuit for work-related PTSD has a greater chance of success than doing so for emotional distress. This is because cause-effect is relatively easier to establish. For instance, a veteran who has fought in a war, a worker who is discriminated by others because of race, or someone who is sexually assault, can demonstrate that they have been subject to experiences that would cause most people emotional distress. Success will still depend, however, on your ability to prove that your condition was caused mainly by your work. You will also need to have a PTSD diagnosis from a mental health professional.

Emotional and mental distress can be much harder to prove than physical injury. Therefore, in these cases, document keeping and proof collection is vital even at the pre-trial stage. Defendants should consult specialist legal firms that deal with work PTSD or other specializations and can advise them on their chances of success.