Life can throw some harsh curveballs, and emotional distress is one of the most debilitating impacts someone can suffer. Whether it’s the result of a traumatic event, intentional harm, or negligence, the aftermath can shake you to your core. If you’re asking, “Can you sue for emotional distress in Indianapolis, Indiana?” the short answer is yes — under certain conditions. Here’s a detailed explanation of your rights and the legal process you need to know.
What Is Emotional Distress?
Emotional distress refers to significant psychological suffering caused by another person’s actions. Unlike physical injuries that you can see, emotional distress affects your mental and emotional well-being. It can include symptoms like anxiety, depression, insomnia, and even physical issues such as ulcers or heart palpitations.
Legally, emotional distress falls into two categories:
- Intentional Infliction of Emotional Distress (IIED): This happens when someone’s outrageous and intentional behavior causes you emotional harm.
- Negligent Infliction of Emotional Distress (NIED): This occurs when someone’s carelessness unintentionally causes emotional suffering.
Understanding the type of distress you’ve experienced is the first step in determining whether you have a case.
When Can You Sue for Emotional Distress in Indianapolis?
The laws in Indiana allow for lawsuits under Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress, but specific requirements must be met to succeed. Let’s break down each type.
Intentional Infliction of Emotional Distress (IIED)
To prove IIED in Indiana, you’ll need to show:
- Extreme or Outrageous Conduct: The defendant’s actions have to go beyond what any reasonable person would see as acceptable. We’re talking about behavior so shocking or intolerable that it leaves you wondering how anyone thought it was okay.
- Intent or Recklessness: The defendant either deliberately set out to cause you emotional harm or acted with such reckless disregard for the consequences that it’s clear they didn’t care how their actions would affect you. This isn’t about a simple mistake—it’s about behavior that shows a complete lack of concern for your well-being.
- Severe Emotional Distress: The emotional harm you experienced must be profound and lasting—it’s not enough to be something minor or temporary. We’re talking about distress that impacts your daily life and leaves a noticeable mark on your well-being.
An example of IIED could include a case where someone intentionally spreads harmful and false rumors about you, knowing it would cause emotional harm.
Negligent Infliction of Emotional Distress (NIED)
For NIED claims, Indiana law generally requires the following:
- Negligence: The defendant owed you a duty of care and breached that duty.
- Severe Emotional Distress: Your emotional suffering must be serious enough to impact your daily life or require medical attention.
- Physical Manifestation: Indiana often requires physical symptoms to accompany emotional distress. For instance, stress-induced migraines, insomnia, or gastrointestinal issues might strengthen your case.
An example of NIED might be witnessing a loved one’s injury or death caused by another’s negligence, such as in a car accident.
Steps to Sue for Emotional Distress
If you believe you have grounds for an emotional distress lawsuit, follow these steps to build your case:
Document Your Emotional Distress
Keep a detailed record of how the emotional distress impacts your daily life. Here are a few examples on how to:
- Keep a journal to notate your mental and emotional health, and how the situation has affected you.
- Hold on to any texts, emails, or other evidence that ties back to the event.
- Talk to friends, family, or coworkers who’ve noticed changes in your behavior and can vouch for how it’s impacted you.
Seek Medical Attention
Indiana courts like to see solid proof of emotional distress. Seeing a healthcare provider helps back up your case with documentation like therapy notes, prescriptions, or a formal diagnosis.
Consult an Experienced Attorney
Dealing with an emotional distress lawsuit can feel like a lot to take on. A proficient attorney from Hankey Marks & Crider will be there to direct you through the legal process and make certain you have all the evidence and documentation needed to build a concrete case.
How Much Can I Sue for Emotional Distress?
One of the most common questions people ask is, “How much can I sue for emotional distress?” The amount varies significantly depending on factors such as:
- How severe and long-lasting your emotional distress is
- What the defendant did and how extreme their actions were
- Any financial losses tied to it, like medical bills or lost wages
Emotional distress settlements can range from thousands to millions of dollars, depending on the specifics of the case. Talking with an attorney from Hankey Marks & Crider can give you a better idea of what your claim might be worth.
Proving Emotional Distress in Court
Indiana courts require strong evidence to support an emotional distress claim. Here are the key elements you’ll need:
- Medical Records: A diagnosis from a therapist or psychiatrist showing conditions like anxiety, depression, or PTSD.
- Expert Testimony: Testimonies from medical professionals who can confirm the impact of the distress.
- Documentation of Events: Evidence of the defendant’s actions, such as witness statements, videos, or written communications.
The more compelling your evidence, the better your chances of achieving a favorable outcome.
Emotional Distress Settlement Amounts
Every case is different, but a few key factors can impact how much your settlement might be:
- The Defendant’s Conduct: Outrageous or intentional actions often result in higher settlements.
- Severity of Emotional Distress: The more severe and long-lasting the harm, the greater the potential compensation.
- Physical Symptoms: If your emotional distress comes with physical symptoms, it can lead to higher settlements.
- Financial Impact: Lost wages, therapy costs, and other related expenses can increase the settlement amount.
Indiana’s Statute of Limitations
It’s important to act quickly if you plan to file a lawsuit. Indiana’s statute of limitations generally gives you two years from the date of the incident to file a claim. Missing this deadline could mean losing your chance to seek justice.
Why Choose Hankey Marks & Crider for Your Emotional Distress Case?
Dealing with emotional distress is tough, but you don’t have to handle it on your own. The attorneys at Hankey Marks & Crider understand what you’re going through and have the experience to help with your case in Indianapolis. Call us at (317) 634-8565 or contact us online for a free consultation, and let’s talk about how we can help you move forward.