When someone goes through a traumatic experience, the emotional toll it takes on their wellbeing can be overwhelming. In West Virginia, emotional distress can be grounds for a lawsuit, but only under certain circumstances. In this article, we will delve into the specifics of when and how someone can sue for emotional distress in West Virginia.
Table of Contents
What is Emotional Distress?
We all experience emotions such as sadness, anger, and fear. However, emotional distress goes beyond these common emotions and delves into a state of prolonged and intense emotional suffering caused by a traumatic event. Emotional distress can manifest in various ways, including anxiety, depression, post-traumatic stress disorder (PTSD), insomnia, and panic attacks.
What Are The Requirements For Suing For Emotional Distress In West Virginia?
In West Virginia, a person can sue for emotional distress under certain legal conditions. The individual must have experienced severe emotional distress due to the defendant’s negligent or intentional actions. Negligence occurs when the defendant fails to act reasonably, resulting in harm to another person. Intentional acts refer to instances where the defendant intended to cause emotional harm to another person.
Additionally, the emotional distress must have resulted in tangible and physical harm. For example, the individual might have developed heart palpitations, developed an eating disorder, or experienced significant weight loss or gain as a result of their emotional distress.
Types of Emotional Distress Claims
There are two main types of emotional distress claims in West Virginia: negligent infliction of emotional distress and intentional infliction of emotional distress.
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress claims arise when an individual suffers emotional distress due to the defendant’s negligence. To prove a claim for negligent infliction of emotional distress, the plaintiff must demonstrate that the defendant acted negligently, causing the plaintiff to suffer emotional distress that resulted in physical harm.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress claims arise when an individual suffers emotional distress caused by an intentional action by the defendant. To succeed in an intentional infliction of emotional distress claim, the plaintiff must prove that the defendant’s behavior was extreme and outrageous conduct resulting in severe emotional distress. Additionally, the plaintiff must show that the defendant acted with the intent of causing emotional distress.
The Impact of the Tort Reform Act and the Impact on Emotional Distress Claims
The tort reform act passed in West Virginia in 2015 ushered in several changes to the state’s legal system. One change to the law included a limitation on emotional distress damages. Under the tort reform act, a plaintiff can only sue for emotional distress if they have suffered a physical injury. This means that individuals can no longer sue for standalone emotional distress claims unless they can prove physical harm.
Additional Information on Emotional Distress Claims
If you believe you have a case for emotional distress, it is crucial to speak with an experienced attorney who can help determine the strength of your claim. An attorney can review your case, gather evidence, and represent you in court.
West Virginia also enforces a statute of limitations for personal injury cases, including emotional distress. The statute of limitations is two years from the date of the injury or discovery of the injury. If you fail to file your case within the prescribed period, you will forfeit your right to sue for emotional distress.
Conclusion
Emotional distress is a severe condition that can significantly impact someone’s life. In West Virginia, someone can sue for emotional distress under certain circumstances, including if they have suffered physical harm as a result of the distress. If you believe you have a claim for emotional distress, it is essential to speak with a skilled attorney who can help navigate the complex legal system. By working with an attorney, you can seek justice and obtain the compensation you deserve.