The aftermath of a serious accident goes far beyond physical injuries. The psychological trauma—the fear, anxiety, depression, and sleepless nights—can be just as debilitating as any broken bone. In Nevada, the legal system recognizes this reality. Victims of negligence can sue for emotional distress as a component of their personal injury claim. These are considered "non-economic" damages, often referred to as pain and suffering, and they can form a significant part of a final settlement or verdict.
Two Main Types of Emotional Distress Claims
There are generally two ways to claim compensation for emotional distress in Nevada:
- Parasitic Damages (Pain and Suffering): This is the most common type. If you have suffered a physical injury due to someone's negligence, your claim for emotional distress is "parasitic" to, or attached to, your physical injury claim. You are entitled to compensation for the mental anguish that accompanies your physical pain. For example, a car accident victim can claim damages for the PTSD they suffer when driving after the crash.
- Intentional or Negligent Infliction of Emotional Distress (IIED/NIED): In some rare cases, you can sue for emotional distress even without a physical injury.
- IIED requires proving that the defendant's conduct was "extreme and outrageous" and was either intended to cause you severe emotional distress or was done with reckless disregard for that possibility.
- NIED is more common and often applies to bystanders. Under Nevada's "zone of danger" rule, you can claim NIED if you were in immediate physical danger from the defendant's negligence and suffered serious emotional distress as a result, even if you weren't physically touched. There is also a claim for NIED if you witness a traumatic accident and injury to a close family member.
How is Emotional Distress Proven?
Unlike a medical bill, emotional distress doesn't come with a receipt. Proving these damages requires strong evidence to show the severity and impact on your life. This can include:
- Medical Records: Testimony and records from therapists, psychologists, or psychiatrists who have treated you for conditions like PTSD, anxiety, or depression.
- Your Own Testimony: A detailed account of how the trauma has affected your daily life, sleep, relationships, and ability to enjoy activities.
- Testimony from Friends and Family: People close to you can testify about the changes they have observed in your personality and behavior since the accident.
- A "Per Diem" Argument: An attorney might ask a jury to consider awarding a certain dollar amount for each day you have suffered and will continue to suffer from the trauma.
Insurance companies often try to downplay claims for emotional distress. A skilled personal injury attorney knows how to gather the necessary evidence and present a compelling case to ensure you are compensated for the full scope of your suffering, both physical and mental.