When someone experiences a personal injury, physical pain isn’t the only consequence: Emotional distress can also take a significant toll on an individual’s life. Victims of an accident may be entitled to compensation for their emotional distress, in addition to their physical injuries. However, the process of getting compensation for emotional distress in a personal injury claim can be complicated, so it’s important to understand the legal options available in Wisconsin.
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What is Emotional Distress?
Emotional distress refers to a mental or psychological injury caused by a traumatic event. This type of injury can include depression, anxiety, post-traumatic stress disorder (PTSD), fear, shock, and other mental conditions that result from the physical injury sustained by the victim.
When Can Emotional Distress Be Part of a Personal Injury Claim?
In Wisconsin, emotional distress can be part of a personal injury claim if it is caused by the defendant’s intentional or negligent actions. A victim can make a claim for emotional distress if they have suffered a traumatic event that resulted in either physical or psychological injuries. However, not all traumatic experiences justify a personal injury claim for emotional distress. One must provide sufficient evidence to prove that the emotional distress was directly caused by the defendant’s actions.
Types of Emotional Distress Claims
There are two types of emotional distress claims in Wisconsin: Negligent infliction of emotional distress and intentional infliction of emotional distress.
Negligent Infliction of Emotional Distress
If an individual is injured due to another person’s negligence or carelessness, they may be entitled to sue for negligent infliction of emotional distress. The key element in this type of claim is that the defendant’s actions created a reasonable fear for the victim’s safety. This means that the victim must prove that they experienced emotionally significant symptoms, such as sleep loss, depression, or anxiety.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress occurs when someone intentionally causes another person to experience emotional distress. This type of claim requires proof that the defendant’s actions were extreme and outrageous, to the point where the victim suffered psychological harm. Additionally, the victim must prove that they suffered severe emotional distress that resulted from the defendant’s actions.
The Role of a Skilled Personal Injury Attorney
Proving emotional distress claims in personal injury cases is often difficult, which is why it’s essential to have a skilled personal injury attorney on your side. An experienced attorney can help you gather the necessary evidence to prove that the defendant’s actions caused your emotional distress and assist you with filing a successful claim.
Statute of Limitations for Emotional Distress Claims in Wisconsin
In Wisconsin, there is a strict timeline for filing a personal injury claim that includes emotional distress. The statute of limitations for filing a personal injury claim in Wisconsin is three years from the date of the incident. Any claim made after that time may be rejected by the court.
Conclusion
If you’ve suffered emotional distress due to someone else’s actions, you may be entitled to compensation in Wisconsin. However, proving your claim can be challenging, and you need the assistance of an experienced personal injury attorney to represent your interests effectively. It’s also essential to keep in mind that the statute of limitations sets a strict deadline for filing a claim, so it’s important to speak to an attorney as soon as possible to ensure that your rights are protected.