Suing for Emotional Distress in MA

In many personal injury cases, the physical injuries incurred by a victim represent only a small portion of the overall damages associated with a case. In addition to the physical effects of personal injuries, many plaintiffs in these cases also face financial, psychological, and emotional challenges as the result of their injuries. Failing to adequately address these additional considerations can leave many plaintiffs feeling unsupported, rudderless, and uncertain.

For this reason, many personal injury plaintiffs choose to seek emotional damages in addition to compensatory damages as part of their personal injury lawsuit. Let’s take a closer look at what options are available to plaintiffs in Massachusetts when it comes to seeking compensation for emotional distress and damages as part of a personal injury case.

What is emotional distress?

First things first: How is emotional distress defined in a legal setting? In the context of a personal injury lawsuit, “emotional distress” broadly refers to the pain and suffering a victim experiences following an injury. This term encompasses not only physical pain but also the mental and emotional anguish that may result from the incident.

When someone suffers a significant injury, they often face a range of personal challenges, from lost income to post-traumatic stress disorder and other emotional hardships. In some cases, courts may deem it appropriate to compensate plaintiffs for the suffering they endure beyond their medical expenses or financial losses. In the Commonwealth of Massachusetts, the pursuit of these kinds of damages essentially amounts to suing for emotional distress.

Can you sue for emotional distress in Massachusetts?

In Massachusetts, suing for emotional distress falls under the umbrella of what is known as “tort law.” Tort law governs claims involving individuals, businesses, and government entities who have been accused of causing harm to other members of the community. It essentially outlines the responsibilities community members have to protect the health and safety of those around them.

When a plaintiff has experienced mental anguish as the result of another person’s actions or inactions, he or she may wish to file a civil claim for emotional distress. It is important to note, however, that in order for a plaintiff to sue for emotional damages in a car accident case, he or she must first establish that they suffered at least $2,000 worth of practical damages like medical bills associated with the incident that caused the emotional distress. This moves the case into a personal injury claim rather than a no-fault insurance claim.

Given that this criteria is met, the two types of emotional distress claims a person can choose from to pursue a civil case are:

• Negligent Infliction of Emotional Distress (NIED): These are claims in which a person suffered emotional harm as the result of another person’s negligence.
• Intentional Infliction of Emotional Distress (IIED): These are claims in which a person suffered harm that was intentionally inflicted by another person through specific and targeted behaviors.

Most emotional distress claims fall under the category of NIED, as most civil personal injury cases revolve around negligence or malpractice. It is important to keep in mind, however, that in order to prove your case in these suits, you must be able to demonstrate that the defendant was negligent and that their negligence directly caused the plaintiff’s emotional distress.

Proving emotional distress

There are different standards of proof required for different types of emotional distress cases. In Massachusetts, NIED cases are sorted into two categories: Bystander claims and direct victim claims. Someone may choose to file a bystander claim in situations where emotional distress occurred as a result of witnessing some type of traumatic event.

However, negligence must still be established in these cases, and people may not file NIED claims seeking damages related to natural disasters or acts of God. Additionally, plaintiffs in NIED claims must demonstrate that their emotional distress was severe enough to lead them to develop physical symptoms.

In IIED claims, plaintiffs must be able to prove that the defendant knew that his or her actions could result in the plaintiff’s emotional distress and chose to proceed with extreme and outrageous actions anyway. Similarly, plaintiffs in these cases have to establish that the actions of the defendant directly caused the emotional distress in question and that the level of emotional distress was severe.

The vast majority of the time, claims for emotional distress are more or less “baked in” to personal injury claims. Plaintiffs in these cases can simultaneously sue for compensatory damages related to their medical care, etc., as well as damages related to their emotional distress. In all versions of these cases, it can be challenging to prove that emotional distress was sufficiently “severe” in the view of the court since emotional expression is somewhat subjective. Proper documentation can prove critical in these cases, as plaintiffs need to establish that their emotional distress has posed challenges for them within other facets of their lives, i.e., school, work, etc.

What are the financial implications of these claims?

In personal injury and emotional distress claims, the goal of most plaintiffs is to secure some form of compensation. Plaintiffs in these cases typically sue for:

• Economic damages like the costs of therapy, medical bills, lost wages or opportunities
• Non-economic damages like pain and suffering, mental anguish, and emotional trauma

There are generally no caps on economic damages in personal injury and malpractice claims. For medical malpractice cases, however, non-economic damages are capped at $500,000 (with some exceptions). These claims are typically decided on a case-by-case basis, and juries in these cases are instructed to use their best judgment when determining what amount of compensation feels justified based on the specifics of the case.

This is why it is so vital for plaintiffs in these cases to consult with experienced personal injury or medical malpractice attorneys to ensure they are on the right track toward collecting the maximum damage award(s) available to them. By seeking effective legal counsel early on in the process, plaintiffs can better understand what will be required of them in order to prove their case and secure a fair and just amount of compensation.

Next steps for plaintiffs in Massachusetts

In the Commonwealth of Massachusetts, emotional distress is considered valid grounds for a legal claim, but only if certain conditions are met. The easiest and most reliable way to navigate these complex and often challenging cases is to work with an experienced personal injury lawyer throughout every step of the process.

At the Law Offices of Gerald J. Noonan, we treat our clients like family because we know how vital individualized support is in the aftermath of a traumatic incident like a personal injury or medical malpractice event. If you are working through your options following a life-changing experience, we would love to help you better understand the resources available to you. Contact us today to speak to a member of your team, and let’s help you take the next step toward restoration and recovery.