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Types of emotional distress you can claim

Posted: Mon Dec 23, 2024 6:12 am
by Monira65
There are two main types of emotional distress claims that you can pursue after a car accident.

Negligent infliction of emotional distress (NIED)
In this case – the emotional distress is caused by the negligent actions of another party. For example – if the driver of a truck runs a red light and causes an accident – the emotional pain you experience as a result could form the basis of a claim. A Bridgeport truck accident lawyer can help determine if this type of claim applies to your situation.

Intentional infliction of emotional distress (IIED)
This claim arises when the other party’s conduct is taiwan phone code extreme or outrageous – intentionally causing you severe emotional distress. Although rarer in car accidents – it can apply if someone purposely caused harm through reckless or aggressive behavior.

Proving emotional distress in a car accident case
To easily sue for emotional distress after a car accident – you will need to prove certain elements, including,

The defendant’s negligence
First, you need to show that the person responsible for the accident acted negligently. For example – a car accident attorney would need to prove that the driver failed to follow traffic laws or engaged in reckless driving, such as – speeding or texting while driving.