When Can You Sue for Emotional Distress in Illinois?

When one thinks of injuries following an accident, physical harm often comes to mind. However, the invisible scars of emotional trauma can leave a lasting impression, significantly impacting an individual’s quality of life. At Saks, Robinson & Rittenberg, Ltd., compassion and understanding are at the heart of our practice. We recognize the importance of seeking compensation not just for physical injuries but also for emotional distress following a traumatic incident. If you believe you suffered emotional distress after an accident and want to learn whether you are eligible for compensation, contact our firm to speak to our attorneys.

Grounds for Emotional Distress Claims in Illinois

In Illinois, the law permits personal injury victims to recover compensation for emotional distress, much like any other damages resulting from a personal injury incident. However, successfully suing for negligent infliction of emotional distress requires meeting several criteria:

1. The defendant’s conduct must have been extreme and outrageous.
2. The defendant either knew their actions had a strong potential of causing you distress or they specifically intended to inflict emotional distress upon you.
3. The defendant’s actions directly caused your emotional distress.

If your situation meets these elements, legal action can be taken to seek compensation for emotional distress.

Incidents Leading to Emotional Distress

Emotional distress can stem from various traumatic situations resulting from negligence, leading to mental or physical injuries. Such incidents include motor vehicle accidents, nursing home neglect or abuse, dangerous premises situations, and medical malpractice incidents. Additionally, the wrongful death of a loved one may also lead to emotional distress among surviving family members.

Defining Emotional Distress

Recognizing whether your symptoms align with the clinical definition of emotional distress is crucial. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), symptoms of emotional distress may include feelings of hopelessness, persistent worrying, low energy, suicidal thoughts, guilt, increased substance abuse, withdrawal from social activities, unexplained physical discomfort, and more. If you are experiencing these symptoms following a traumatic event, seeking medical assistance is highly recommended.

Proving Emotional Distress

Proving emotional distress involves the presentation of evidence such as:

1. Counseling or medical records documenting your reports of emotional distress.
2. Journal entries or emotion logs detailing your mental anguish or emotional turmoil.
3. Evidence demonstrating a direct correlation between the onset of your emotional distress and the accident.

Building a strong case alongside an attorney is crucial to successfully prove emotional distress.

Take Action with an Attorney

When suffering from emotional distress in Illinois, you can file an insurance claim or lawsuit against the person directly responsible for your injuries or who contributed to them. While pursuing damages for emotional distress independently is possible, it can be challenging due to aggressive opposition from insurance companies.

At Saks, Robinson & Rittenberg, Ltd., our experienced Chicago personal injury lawyers are passionate about protecting your rights and helping you fight for the compensation you deserve. Understanding the intricacies of emotional distress claims, we stand ready to support you every step of the way. Contact us today to schedule a consultation.