Have you ever been emotionally damaged by the actions of another person? If a person can cause such emotional damages, then it is more than probable that this person is an acquaintance or even a relative. Such cases of emotional distress are actually crimes that can be sued in a court of law.
You might now be wondering how a seemingly vague concept such as emotional distress can be used as the source of a lawsuit. If that is indeed the case, then how come sibling quarrels and romantic break-ups do not end up in courts very often? Actually, there is a little more to the emotional distress lawsuit that you can file in a court, than what might seem possible to you at first glance.
Technically, causing emotional distress to a person is not illegal. Those emotional distresses that do end up in a court of law depend upon the situations and circumstances that lead up to them. It is important to note that these circumstances that lead to emotional distresses occurred due to the extreme negligence of a duty of care, or through the intentional infliction of distress. Such types of emotional distresses can be sued in a court of law.
If the emotional distress that the victim had to suffer because of the illegal actions of the defendant were great enough, it is probable that the victim will require the services of a professional to recover from such psychological damages. Such medical bills could be reimbursed if the court was to order the defendant to pay up for them.
If the actions of the defendant were proved to be negligent, then the burden of proof is on the plaintiff to provide evidence, to prove that it was the duty of the defendant to protect or serve the plaintiff.
It needs to be noted that the definition for emotional distress can change from one jurisdiction to another. This is because of the fact that describing the psychological and emotional effects that certain situations can have, is an extremely difficult task.
Bringing emotional distress lawsuit in a court of law and winning is not an easy task. The burden of proof is on the plaintiff and it is up to him or her to prove that an incident that occurred due to the negligence of the defendant was the reason for distress.