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Signs and Symptoms of Emotional Distress - Knowing When to File a Claim

June 3, 2019

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Most people have heard the phrase "emotional distress" at some point. But from a legal perspective, it means much more than being worried or upset. Rather, to file a claim, you need to have physical symptoms that manifest as a result of the distress you are enduring. But if someone's conduct has caused you to go through those symptoms, you should meet with a personal injury lawyer to help you with your claim.

Symptoms of Emotional Distress

When you suffer through a traumatic experience, it creates impact beyond the moment itself. Some of the symptoms you may experience include:

  • loss of sleep
  • weight fluctuation
  • headaches
  • stomach conditions
  • mood swings

If you have been going through any of these problems, you should see a doctor. But if you can trace them back to someone else's intentional or reckless conduct, you should also see an attorney. He or she can help you examine your situation and determine whether you are entitled to damages.

Infliction of Emotional Distress

A claim for damages can either be for intentional or negligent causation. For intentional infliction of emotional distress, the person has to have either intended to cause it or acted so recklessly that you were likely to suffer as a result. And even then, your distress must be severe enough that no reasonable person could be expected to endure it.

For negligent infliction of emotional distress, the person's conduct does not have to be intentional, but it still has to involve dangerous conduct that results in your physical symptoms of distress. If you are suffering due to an injury or death of a family member, you have to have witnessed it directly to collect damages for a distress claim. 

If you are suffering from distress that another person caused through intentional, reckless, or negligent behavior, you have a potential claim for damages. Contact Stern and Stern today to have an expert attorney evaluate your claims and get you the recovery you deserve.