Personal injury lawsuits are usually brought for physical injuries.Sometimes a lawsuit can be filed for purely emotional harm.You need to document your distress in order to make an emotional distress claim.You need to file paperwork with the court and serve notice of the lawsuit.A successful emotional distress claim requires you to attend court hearings.If you get confused, you should talk to an attorney.
Step 1: It is possible to identify emotional distress.
There is no single definition of emotional distress.Loss of sleep fear anxiety and fright humiliation are examples of forms of emotional distress that can be compensated.
Step 2: You should check if you can bring an emotional distress claim.
If emotional distress claims are allowed in your state, you should read it.You can find your state's law by searching for "emotional distress" and "your state" on the internet.If someone's conduct causes severe emotional distress, you can bring a claim.The conduct should not be allowed to go beyond the bounds of decency.It could be considered extreme and outrageous to handcuff you at work.Insults, rudeness, or rough language do not usually qualify.Emotional distress can begently inflicted.You can file a lawsuit if someone carelessness has caused you emotional distress.The carelessness can cause physical injury to a family member.If you watch someone hit your child with their car, you could qualify.In some states the emotional distress must have been so severe that you felt physical symptoms.Physical injury can cause emotional distress.You can get compensation for emotional distress when someone hurts you.Someone's dog might have bitten you.You can be compensated for physical injuries and emotional distress if you happen to be in this situation.
Step 3: You can get copies of medical records.
Copies of medical records can be used to build your emotional distress claim.It is possible to show that you have suffered physical harm.If you can prove physical injury as well, your case would be much stronger.You can request copies of your medical records from any doctor or hospital you visit.Doctors can testify if you have a trial.Medical personnel might have seen you in a state of shock.
Step 4: Don't forget to keep a journal.
If you keep a journal in which you discuss how you are feeling, you can prove emotional distress.The emotional distress has interfered with your life in a number of ways.It is important to not exaggerate as you write in your journal.If you did get a few hours of sleep, writing "I couldn't sleep" is probably an exaggeration.Try to be as accurate as possible.
Step 5: Don't take your prescription drugs with you.
If you are taking medication to deal with emotional distress, keep a list and keep the bottles.You have struggled emotionally after the incident.It can be very dramatic to bring up a clear plastic bag with all of your empty prescription bottles in front of the jury at a trial.
Step 6: Write down your memories of the person who committed the crime.
To win an emotional distress claim, you need to show that the person you are suing did something that caused the distress.In an intentional infliction of emotional distress claim, you need to show that the defendants engaged in extreme and outrageous conduct.You need evidence of their lie if they lied about your child being dead.Take a moment to write down your memories.The date, time, and location are important details.You are the best witness since you observed what happened.
Step 7: Make a list of witnesses.
At your trial, you can have witnesses testify.Try to find the names of these people as soon as possible.If you want to reach out to them later, you should get personal phone numbers or email addresses.The names of witnesses can be found in the police report.If your child was hit by a car, you could get the names of the other people who saw it.
Step 8: You should hire a lawyer.
There are different emotional distress cases.Only a qualified attorney can tell you what evidence is needed in order to bring a successful claim.You can find a personal injury lawyer by contacting your local bar association.Many personal injury lawyers represent their clients on contingency, meaning they don't get paid unless they win.Under a settlement agreement, he or she will take 32% of the amount.Ask a personal injury lawyer if they would represent you on contingency.Some lawyers will advance you money if you don't pay the costs of the lawsuit out-of-pocket.
Step 9: Find the right court.
You have to file a lawsuit in the county where the person lives.If you were injured in a car accident, you could file a lawsuit in the county where it happened.It is easier to file a lawsuit in the county where the person lives.
Step 10: You should get a complaint form.
A lawsuit can be filed in court.The factual circumstances surrounding your emotional distress are explained in this document.You can fill in the blank forms in many courts.Go to court and ask for a copy.If there isn't a form for you to use, then ask the clerk if there is a sample you can use as a guide.You can hire an attorney to draft the complaint for you.
Step 11: The complaint form needs to be completed.
Use a typewriter if you want to print neatly.You can type in the information on the complaint forms.A detailed description of your injuries, a demand for money compensation, and your place of residence should be included.
Step 12: You can file your complaint.
You should make several copies once you have finished your complaint.Take your copies with you to the court clerk.It is likely that you will have to pay a filing fee.Depending on the court, the amount will be different.If you can't afford the filing fee, you should ask the clerk for a fee waiver form.The form will ask about your income and expenses.
Step 13: Notices be served on the defendants.
You need to give the other party notice of your lawsuit.You can serve a copy of your complaint and a "summons" from the court clerk.The summons gives information about when the person needs to respond.It is possible to have someone 18 or older make hand delivery.This person is not a party to the lawsuit.You can hire a private process server.You should look in your phone book.They charge between 45 and 75 per service.The sheriff can make hand delivery for a small fee in some counties.
Step 14: Read the response from the other party.
There is a certain amount of time for the defendants to respond.Each allegation that you made in the complaint will be responded to in an answer by the defendants.A person might raise many different defenses.They might say that they did not perform the act that injured you.If you claim negligent infliction of emotional distress, the defendants could argue that they weren't negligent but were sufficiently careful.A copy of the response will be sent to you.It's important to read it carefully.
Step 15: Sit down for a deposition.
The lawsuit will enter a stage called "discovery" after the defendant responds.If you already have most of the facts, you don't need to request much information.You will have to sit during discovery.You must answer the questions under oath in a deposition.Depositions are usually held in a lawyer's office with a court reporter present who takes down each question and answer.You will be asked about the extent of your distress.Prepare for a Deposition can be used to prepare.
Step 16: There is a motion for summary judgment.
The motion for summary judgment could be brought after the end of discovery.The defendants will argue that there are no meaningful factual disputes and that they are entitled to win based on the law.In an intentional infliction of emotional distress case, defendants often argue that their conduct didn't rise to the level of "extreme" and "outrageous"If a higher court ruled that calling someone fat doesn't qualify as "extreme" or "outrageous", the defendants could claim that their conduct is not illegal as a matter of law.You will have to respond to the motion with your own motion.Summary judgment motions require that you become familiar with the law and be able to make compelling legal arguments.If you don't have a lawyer, you should probably hire one.Some attorneys are willing to work on an as needed basis.This is called limited scope representation.
Step 17: Prepare for the trial.
If you hired a lawyer, he or she will take care of everything.You should prepare to testify.If you didn't hire a lawyer, you'll need to do all of the prep work for trial, including sending subpoenas.A subpoena is a legal order to show up at a trial.You need to identify the witnesses you want to testify for and then serve them with a subpoena.You can get blank subpoena forms from the court clerk.Make copies of your exhibits.You will want to include helpful documents in your evidence.You should put an exhibit sticker on the documents.The defendants will need a complete set of copies.
Step 18: Anticipate the defense.
The defendants might use different strategies to fight the claim that they caused your emotional distress.You should think about each one of these strategies.The defendants might say that you weren't really suffering from emotional distress.The defendants might claim you are lying.If you want to counter this argument, you can testify on your behalf and have a doctor or therapist testify as well.Physical symptoms have not been caused by your emotional distress.If your emotional distress has caused serious physical symptoms, you can only get compensation for NIED.Evidence of your physical symptoms can be used to counter the defense.If you are suing for IIED, the defendants might argue that their conduct is not outrageous enough to warrant compensation.This is a decision for the jury.If you are suing for NIED, the defendants might claim that they were careful.Someone might have hit your child with their car outside of your home, with you watching through the window.The child may have caused the accident by running into the street.You can point out that the defendants were speeding or that they were looking at their phone while driving.
Step 19: Arrive at court on time.
Give yourself enough time to find parking and go through security at the court house.You will need to get to court half an hour before your trial starts.
Step 20: An opening statement should be made.
The trial starts with each side making a statement.You will go first.It is a good idea to think of an opening statement as a road map.You can tell the jury what witnesses will testify about by identifying them.The evidence will show that the defendants lied about the deaths of their children.You will hear from the person who heard the lie.Mrs. Martinez will testify that she took the person to the hospital because she was in shock.
Step 21: You should present your witnesses.
The person bringing the lawsuit has to present evidence first.You should call your witnesses.Remember that witnesses can only testify as to what they know first-hand, so don't ask witnesses to testify to gossip or second hand information.It's easy for the judge or jury to follow an order to call your witnesses.The witnesses could be called if you wanted.People can testify to changes in your behavior.It is easy for the jury to see that the conduct of the defendants caused your emotional injury.
Step 22: Testify on your own.
It is likely that you will have to testify as well.You will testify about your emotional distress.Your attorney can ask you questions.You will need to give your testimony in the form of a speech if you don't have an attorney.The defense attorney can question you after you testify.Speak loudly and clearly.You need to be heard by every juror.Don't answer the question if you listen closely.Do so if you can answer with a yes or no.Don't laugh.The trial is serious.You should act according to the rules.Stay calm.If you get angry at the lawyer, you will lose your cool.To answer, always use words.The court reporter is not allowed to take down gestures.
Step 23: The defense witnesses should be cross-examined.
The defendants will likely call witnesses to testify after they present their evidence.Each defense witness will be given a chance to be cross-examined.Representing yourself can give you tips on how to cross-examine witnesses.
Step 24: You can make a closing argument.
Your closing argument is a chance to tell the judge or jury how to interpret the evidence.You want to offer an interpretation that supports your case.
Step 25: If it's necessary, appeal.
You should think about appealing if you lose.The trial transcripts are reviewed by the higher courts.The appellate court might set aside the verdict if the judge made a serious error during the trial.Appeals are very expensive.If an appeal is worthwhile, you should consult with an attorney.Don't delay.You only have a short time to file your notice of appeal.You only have 10 days from the date final judgment is entered in Missouri.
Step 26: Comply with the judgement.
You still have to get the person to pay up if you win.The court will give you a piece of paper, but you need to enforce it.It would be great if the defendants would just pay you.If the defendants don't pay you can put liens on their property.You can collect a court ordered judgment.