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Emotional Distress Claim Explained

When one person causes mental or emotional trauma to another person through their depraved or selfish actions, then the victim can recover damages through civil action or litigation. An intentional, negligent, and reckless behavior or conduct can cause extreme stress.

You can file an injury claim in New York courts even if there is no physical injury or contact to accompany an emotional distress. Contact the New York City personal injury attorneys to know your rights and options to and to seek compensation for you suffering that you should not be going through.

What is Intentional Infliction of Emotional Distress [IIED]?

A person is said to have suffered Intentional Infliction of Emotional Distress when he or she experiences extreme mental anguish brought about by the outrageous or reckless behavior of another person. A bodily injury need not occur to prove this tort.

In case of Intentional Infliction of Emotional Distress the plaintiff needs to prove that:

  • The defendant showed reckless, intolerable, and outrageous behavior
  • The defendant acted intentionally
  • The intentional malicious behavior caused extreme and severe emotional distress for the plaintiff

Example of Intentional Infliction of Emotional Distress

A abducts B’s only child aged nine. A demands a ransom for the release of the child and threatens to kill the child if the conditions are not met with. As a result, B suffers mental agony and trauma caused by the extreme situation – child’s kidnapping and harassment. B develops high blood pressure and suffers heart attack, and fears losing the child. B is entitled to compensation from A for intentional infliction of emotional distress.

What is Negligent Infliction of Emotional Distress [NIED]?

Negligent infliction of emotional distress occurs when a person inflicts mental distress upon another person through negligent behavior. All cases need not involve physical injuries.

Example Negligent Infliction of Emotional Distress [NIED]

Patient A gets medication for his elevated hypertension. The pharmacist negligently fills the wrong medicine and Patient A suffers several side-effects not knowing the mistake. Patient A suffers heart attack due to untreated hypertension. He also suffers nausea, effects due to change in blood chemistry & depression symptoms due to wrong medication and suffering. The patient undergoes treatment in a hospital. Patient A is entitled to recover damages from the pharmacist due to negligent infliction of emotional distress. This can be in addition to medical malpractice.

In case of Negligent Infliction of Emotional Distress, the plaintiff needs to prove that:

  • The defendant was negligent
  • The defendant’s negligence caused physical and emotional distress & trauma to the plaintiff

Recording Emotional Distress

A professional endorsement by a physician, therapist, and psychiatrist of the plaintiff’s suffering can help the claim. Testimony from witnesses to the event during which the plaintiff suffered emotional breakdown, change in mood, suffered acute physical distress such as chest pain, can be obtained from coworkers, friends, and relatives.

If you or your loved one has been subjected to emotional distress or harassment call the New York City personal injury attorneys of RMFW Law for help.

RMFW only takes cases they believe have a relatively healthy shot at winning. The first consultation is free.They can help you get the right money you deserve after suffering emotional trauma that you should have had to deal with. Call 212-344-1000if you want to hear our winning plan for you if your case is viable.

Your financial situation affects the rest of your life. RMFW’s knows how to win cases and help solve people’s problems with a financial results they are comfortable with. RMFW cannot solve all of your problems but with bills piling up and your financial struggles, RMFW can turn the tide in your life to help you get back on track and even possibly come out a little better off. They have won millions of dollars for past clients, you can be on this victorious list too.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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