Can I Recover Damages For Emotional Distress Under Nevada Personal Injury Laws?

In Nevada, personal injury law allows injured individuals to recover damages for various types of injuries, including physical injuries, property damages, and emotional distress. However, the process of claiming damages for emotional distress can be complicated, and it’s important to have a thorough understanding of Nevada personal injury law before pursuing a claim.

What Is Emotional Distress?

Emotional distress refers to psychological harm caused by an event or experience. This can include feelings of anxiety, depression, fear, anger, humiliation, and embarrassment. Emotional distress can be caused by a single traumatic event, such as a car accident, or it can be the result of ongoing, sustained abuse or harassment.

Types Of Emotional Distress Claims

Under Nevada law, there are two types of emotional distress claims: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED).

Negligent Infliction Of Emotional Distress (NIED)

NIED occurs when the defendant’s negligence causes the plaintiff to suffer emotional distress. For example, if a driver runs a red light and causes a car accident that causes the plaintiff to experience anxiety, depression, and other emotional distress, the plaintiff may file an NIED claim against the driver.

In Nevada, NIED claims are often difficult to prove because the plaintiff must show that the defendant’s negligence caused the emotional distress and that the distress was severe. Severe emotional distress is defined as "emotional or mental harm to a reasonable person of ordinary sensibilities" that is "so substantial that no reasonable person" could be expected to endure it.

Intentional Infliction Of Emotional Distress (IIED)

IIED occurs when the defendant intentionally causes the plaintiff to suffer emotional distress. For example, if an employer repeatedly bullies and harasses an employee, causing the employee to suffer from depression and anxiety, the employee may file an IIED claim against the employer.

In Nevada, IIED claims are often easier to prove than NIED claims because the plaintiff only needs to show that the defendant’s conduct was extreme and outrageous and that the plaintiff suffered emotional distress as a result.

Damages For Emotional Distress

If a plaintiff is successful in proving an emotional distress claim in Nevada, they may be entitled to damages. Damages can include compensation for medical expenses, lost wages, pain and suffering, and emotional distress.

In Nevada, there is no limit on the amount of damages that can be awarded for emotional distress claims. However, the amount of damages awarded will depend on the severity of the emotional distress, as well as other factors such as the length and frequency of the distress.

Getting Help With Emotional Distress Claims In Nevada

If you or a loved one has suffered emotional distress as a result of someone else’s negligence or intentional conduct, it’s important to seek legal help as soon as possible. The experienced personal injury attorneys at [Law Firm Name] can help you understand your legal rights and options and guide you through the process of pursuing damages for emotional distress in Nevada. Contact us today to schedule a free, no-obligation consultation.

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