Emotional Distress Lawsuits in Louisiana
An injury does not have to be physical to profoundly impact an individual’s life. Emotional injuries can be just as painful as many types of physical wounds and are sometimes more challenging to treat.
Personal injury lawsuits in Louisiana can go beyond property damage and physical injuries. Louisiana courts recognize that witnessing a violent crime, tragic accident, or other dramatic, life-threatening event can lead to long-lasting emotional distress.
In Louisiana, an individual who suffers emotional distress as a result of someone else’s negligence or intentional act may be able to seek compensation for their losses through a personal injury lawsuit.
A personal injury lawsuit paves the way to financial recovery for a victim’s injuries and other losses.
In Louisiana, proving physical injury to recover damages for emotional distress is unnecessary.
What Is Emotional Distress?
Emotional distress refers to the mental suffering resulting from someone else’s actions, either on purpose or accidentally.
Emotional distress can include suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame.
Symptoms of emotional distress may include depression, insomnia or nightmares, flashbacks, fatigue, chronic headaches, sudden weight gain or loss, and uncontrollable crying.
Negligent Infliction Of Emotional Distress Lawsuits In Louisiana
Negligent infliction of emotional distress is a legal cause of action in Louisiana.
Louisiana law allows for emotional distress lawsuits without bodily injury for intentional infliction of emotional distress and negligent infliction of emotional distress. In both of these types of lawsuits, your emotional distress alone is the personal injury for which you seek compensation.
A victim of a personal injury experiencing emotional distress can file a lawsuit for negligent infliction of emotional distress. An individual who witnesses a family member’s or close friend’s injury or death in an accident resulting from someone else’s negligence can also initiate action.
In a recent case, Spencer v. Valero Refining Meraux, LLC, 356 So. 3d 936 (La. 01/27/23), the Louisiana Supreme Court clarifies the standard for recovery under a claim of negligent infliction of emotional distress.
A claim for negligent infliction of emotional distress without physical injury is viable under Louisiana Civil Code article 2315(A).
To evaluate awards of damages for negligent infliction of emotional distress, the Louisiana Supreme Court has set forth the following standard:
· In addition to the elements for a claim for general damages, for negligent infliction of emotional distress claims in which physical damages or injuries are absent, a plaintiff must prove the likelihood of genuine and severe mental distress arising from special circumstances, which serves as a guarantee that the claim is not spurious.
· The actions of the defendant must constitute negligence.
· The plaintiff’s mental disturbance must be severe.
· Evidence of fear or mere inconvenience is insufficient.
· Expert medical testimony is unnecessary; however, a plaintiff bears the burden of presenting sufficient Evidence of the nature and extent of the mental anguish.
After the clarification of this standard by the Supreme Court, a plaintiff seeking damages for negligent infliction of emotional distress does not have to prove the defendant’s existence of a particular, direct duty.
Additionally, Louisiana law does not require outrageous conduct on the part of a defendant. However, awards for negligent infliction of emotional distress are improper if the plaintiffs fail to present Evidence sufficient to support such an award.
How to Prove Emotional Distress?
X-rays, lab tests, and outward symptoms may prove physical injuries. However, the symptoms and effects of emotional distress are difficult to quantify and prove in a court of law.
Louisiana Courts may consider the severity of the accident or the event when evaluating the validity of a claim for emotional distress. The more devastating and dramatic the triggering event, the more likely the courts will grant damages to the plaintiff.
If you are considering filing a lawsuit for emotional distress, the lawsuit should include a diagnosis of psychological injuries and other conditions, such as post-traumatic stress disorder(PTSD), by experienced and qualified medical professionals.
You need to provide the court with clear medical documentation that verifies your symptoms and explains the diagnosis and prognosis of the symptoms, as well as possible treatments.
The documentation should also include receipts for any medications, therapy sessions, and other expenses in the lawsuit.
You can document the changes to your daily routines and submit letters from your friends, colleagues, and employers.
Contact A Personal Injury lawyer In Louisiana.
Emotional distress can impact your life, career, relationships, and financial future. At Bart Bernard Injury Lawyers, our attorneys can help you recover the compensation you deserve to get your life back on track.
The compassionate attorneys at our Louisiana personal injury law firm understand the physical, financial, and emotional challenges you may be experiencing after an accident or injury. Our lawyers will investigate the accident and aggressively seek the compensation you deserve.
Call us today for a free case review to learn more about your legal options.
