In addition to physical injuries, your mental health could be impacted after an injury. This is referred to as emotional distress and you may have grounds for a personal injury claim if you're experiencing it as a result of your injuries.

Many accidents can lead to emotional distress. Some examples include car accidents, slips and falls, and dog attacks. You may have a case for damages if you can show that the emotional pain you are experiencing was directly related to the injuries you sustained, rather than being a byproduct of dealing with the stress of the circumstances.

Emotional distress is categorized into different types, each of which can impact your daily life in a very different way. Anxiety, PTSD and depression are all forms of emotional distress, which will be covered in the following article.

If you have been hurt in an accident and are suffering from both physical injuries and emotional distress, the CT personal injury attorneys at Brandon J. Broderick, Attorney at Law can help you.

Call us today and we can discuss the details of your case.

Emotional Distress Claims in CT: What To Know

Legally, a person can sue for emotional distress, which is part of a personal injury claim. Below are the types of emotional distress claims that accident victims can claim:

Negligent Infliction of Emotional Distress (NIED)

Claiming Negligent Infliction of Emotional suffering (NIED) requires that you can prove that your emotional distress is directly caused by the defendant's negligent actions. Generally, injuries or threats of physical harm must have occurred.

Intentional Infliction of Emotional Distress (IIED)

When the defendant's extreme behavior or intentional acts cause you substantial emotional distress, this claim is called Intentional Infliction of Emotional Distress (IIED). If you plan to sue for this type of emotional distress, their behavior must have been completely unacceptable or extremely egregious.

Loss of Consortium

When a party's wrongdoing causes emotional pain to another's spouse or family member, the latter may bring a claim for loss of consortium. In such a claim, the party seeks compensation for loss of companionship, love, affection, and support.

How To Prove Emotional Distress in CT

There are specific elements that you must prove to win an emotional distress lawsuit. These include:

Duty of Care

The defendant owed the victim a duty of care. The specifics of the case would help establish this, such as their obligation to use reasonable care in the accident.

Breach of Duty

The burden of proof lies with proving that the defendant was negligent or willfully breached their duty of care to the victim. Because of this breach, the victim is suffering emotional distress.


The plaintiff must have suffered emotional distress as a direct result of the defendant's acts or negligence for there to be a claim for damages. In order to win a case for emotional distress, the plaintiff must prove that the defendant's actions caused the plaintiff's suffering.


Proof of emotional distress and its effects on the plaintiff's life. This could be medical records and treatment costs, which is necessary to establish damages.

Put Your Trust in Brandon J. Broderick, Attorney at Law For Help With An Emotional Distress Claim

Brandon J. Broderick, Attorney at Law has decades of experience with helping clients just like yourself in recovering damages associated with emotional distress. Our CT personal injury attorneys are skilled and dedicated to helping service justice for our clients.

Let us help you today. Schedule a consultation for free.

Posted by: Brandon J. Bro…
Date: Fri, 05/10/2024 - 16:17

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