Emotional Distress Lawsuits in Nevada: What Victims Need to Know

When most people contemplate a personal injury accident, they focus on a victim suffering physical injuries and financial hardship. Along with that physical and financial harm, however, victims frequently suffer psychological harm and emotional trauma. With that in mind, Nevada law allows an injured party in a personal injury lawsuit to pursue a type of non-economic damages for “emotional distress.” Understanding what constitutes emotional distress under Nevada law is crucial to ensuring that you are fully and fairly compensated in a Las Vegas personal injury lawsuit. If you believe that you have suffered emotional distress, contact an experienced Las Vegas emotional distress lawsuit attorney at Paul Padda Law by calling (800) 712-0000 to schedule your free consultation.

Can You Sue for Emotional Distress in Las Vegas?

Nevada is one of several states that does recognize “emotional distress” as an actionable personal injury claim if certain elements can be proven. Emotional distress lawsuits in Nevada fall into two categories: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Stress (NIED).

How Do I Know If I Suffered Emotional Distress?

Emotional distress, also referred to as “mental anguish,” is a psychological term that, when used in a personal injury lawsuit, is used to describe mental suffering caused by the conduct of another person. Although not an exhaustive list, common symptoms you may experience when suffering emotional distress include:

• Post Traumatic Stress Disorder (PTSD)
• Anxiety
• Depression
• Anger
• Mood swings
• Rage
• Trouble sleeping
• Diminished quality of life

For an emotional distress lawsuit to be successful, the symptoms you are experiencing must be significant and are typically related to another legal cause of action, such as:

• Sexual assault
• Car accident
• Workplace misconduct
• Stalking or harassment
• Domestic violence
• Assault and battery

What Constitutes Emotional Distress Under Nevada Law?

Nevada law recognizes both Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED) as actionable torts (personal injuries). Both IIED and NIED have distinct elements that must be met to bring a successful claim against a Defendant, as follows:

• Intentional Infliction of Emotional Distress (IIED): For a claim of IIED to be compensable, you must prove:
  • Extreme and Outrageous Conduct: Nevada courts have defined extreme and outrageous conduct as conduct that is “outside all possible bounds of decency” and is regarded as “utterly intolerable in a civilized community.” Simple insults or annoyances will not typically rise to the level of actionable conduct. Instead, only conduct that a reasonable person would find intolerable qualifies as “extreme and outrageous.”
  • Intent or Recklessness: You must prove that the defendant intended to cause distress or that they acted with reckless disregard when there was a high probability of conduct causing emotional distress.
  • Severe or Extreme Emotional Distress: Emotional distress is more likely to qualify as “severe” or “extreme” if the symptoms are long-lasting, impact your daily life, and require treatment. A diagnosis, such as PTSD or anxiety is helpful.
  • Causation: The defendant’s conduct must have directly caused emotional distress. 
  • Physical Symptoms: Unlike NIED, you are not required to show that the emotional distress was caused by a physical injury or that it caused physical injury.
• Negligent Infliction of Emotional Distress (NIED): The second type of emotional distress claim that you may be entitled to pursue in Nevada is for Negligent Infliction of Emotional Distress, which requires you to prove:
  • Standing: To bring a claim for NIED, you must be the direct victim or a close relative of the victim who witnessed the injury to the victim.
  • Severe Distress: You must have suffered severe emotional distress related to your injuries or related to the fact that you viewed the injured victim. The distress must be directly related to a physical injury or be so severe that it causes physical symptoms.

IIED and NEID Examples

“Damages” in a personal injury case are categorized as economic or non-economic. Economic damages are objective, easily quantifiable and include things such as hospital bills, lost wages, and repair costs in a car accident. Non-economic damages are subjective and often difficult to quantify. Emotional distress damages fall into the non-economic damages category, making it a challenge to know whether you have an actionable claim. The best way to know if you are entitled to compensation for emotional distress is to consult with the experienced attorneys at Paul Padda Law. Some common examples, however, of circumstances that might give rise to an IIED or NEID lawsuit include:

• Experiencing PTSD for months after being involved in a catastrophic car accident.
• Struggling with anxiety and depression after being sexually assaulted or harassed.
• Falling into a deep depression because of a toxic and hostile work environment.
• Suffering PTSD symptoms after witnessing a pedestrian accident that killed a sibling.

What Kind of Evidence Is Used to Prove Emotional Distress?

Given that the injuries suffered in an emotional distress lawsuit are largely subjective in nature, it is crucial to compile as much evidence as possible showing the extent, duration, and impact of your symptoms. Medical bills and records, therapy notes, witness statements, and a personal journal or diary may serve as evidence in an emotional distress lawsuit. It is also common to utilize expert testimony in the form of a psychologist or other mental health professional to help prove a claim for emotional distress.

What Damages Can Be Recovered in a Chicago Emotional Distress Lawsuit?

The goal of damages in an emotional distress lawsuit is to compensate the victim for the suffering endured because of the Defendant’s conduct. Putting a price tag on damages, therefore, can be difficult, particularly given that Nevada does not impose a cap on compensatory damages. Things such as medical bills, therapy expenses, and lost wages are compensable and relatively easy to quantify; however, the subjective impact that the emotional distress has had on a victim is ultimately a question for the jury. Factors that typically increase the value of an emotional distress lawsuit in Nevada include:

• Defendant’s Conduct: When a defendant’s conduct was exceptionally outrageous, the value of damages tends to increase.
• Physical Symptoms: Although you are not required to prove physical injuries in an IIED lawsuit, providing evidence of physical injury or symptoms can increase compensation.
• Severity of Symptoms: If symptoms are severe and/or continue to occur, a compensation award is likely to be higher..

Why Legal Representation Matters in an Emotional Distress Lawsuit

Legal representation is especially important in a Nevada emotional distress lawsuit because emotional distress claims are often met with skepticism by an at-fault party as well as by insurance companies. Unlike physical injuries, emotional harm is frequently minimized or dismissed as subjective. An experienced attorney understands Nevada law and knows how to build a persuasive evidentiary record using medical documentation, mental health evaluations, witness testimony, and expert opinions to clearly demonstrate the severity and legitimacy of the emotional distress you have suffered. Having an attorney on your side ensures that your emotional distress claim is taken seriously and that your rights are protected.

How Paul Padda Law Can Help with Your Nevada Emotional Distress Lawsuit

Emotional distress claims often present unique challenges, including heightened scrutiny, disputed liability, and resistance from insurance companies that downplay non-physical injuries. The psychological impact of a traumatic event, however, can disrupt your daily life, strain your relationships, and interfere with your ability to work. If you have suffered emotional distress caused by another party’s conduct, guidance from an experienced attorney is often essential to safeguarding your rights and pursuing appropriate compensation for the mental, emotional, and financial toll you have endured.

Paul Padda Law provides committed and compassionate legal representation to individuals pursuing emotional distress claims throughout Nevada. While we will attempt to obtain a fair and full settlement without the need for trial, we will zealously pursue litigation on your behalf if the insurer and/or opposing party refuse to take your claim seriously.

To better understand your legal options and how an emotional distress claim may be pursued, contact an experienced attorney at Paul Padda Law at (800) 712-0000 to schedule a free consultation.