Filing An Emotional Distress Lawsuit

About Emotional distress lawsuit

Emotional distress laws

Have you ever been emotionally damaged by the actions of another person? If a person can cause such emotional damages, then it is more than probable that this person is an acquaintance or even a relative. Such cases of emotional distress are actually crimes that can be sued in a court of law.

You might now be wondering how a seemingly vague concept such as emotional distress can be used as the source of a lawsuit. If that is indeed the case, then how come sibling quarrels and romantic break-ups do not end up in courts very often? Actually, there is a little more to the emotional distress lawsuit that you can file in a court, than what might seem possible to you at first glance.

Technically, causing emotional distress to a person is not illegal. Those emotional distresses that do end up in a court of law depend upon the situations and circumstances that lead up to them. It is important to note that these circumstances that lead to emotional distresses occurred due to the extreme negligence of a duty of care, or through the intentional infliction of distress. Such types of emotional distresses can be sued in a court of law.

Financial damages

If the emotional distress that the victim had to suffer because of the illegal actions of the defendant were great enough, it is probable that the victim will require the services of a professional to recover from such psychological damages. Such medical bills could be reimbursed if the court was to order the defendant to pay up for them.

Know about emotional distress lawsuits

     Filing emotional distress lawsuits

If the actions of the defendant were proved to be negligent, then the burden of proof is on the plaintiff to provide evidence, to prove that it was the duty of the defendant to protect or serve the plaintiff.

It needs to be noted that the definition for emotional distress can change from one jurisdiction to another. This is because of the fact that describing the psychological and emotional effects that certain situations can have, is an extremely difficult task.

Bringing emotional distress lawsuit in a court of law and winning is not an easy task. The burden of proof is on the plaintiff and it is up to him or her to prove that an incident that occurred due to the negligence of the defendant was the reason for distress.

Emotional Distress Due To Auto Accident

Best possible settlement

Emotional distress lawsuit settlements

People, who get into auto accidents, usually have to deal with emotional distress along with the physical injuries they suffer. If the latter are minor, then they would heal soon enough, but any emotional damages incurred from the accident would likely take much longer to heal. In some cases, they might even lead to some kind of phobia. Therefore, if a person were to file a claim against the responsible party of the auto accident, then they could also file an emotional distress claim or lawsuit.

Monetary compensation

The victim will have to be paid as compensation for the physical injuries suffered. Such compensation usually covers for the medical bills, lost wages, and in some cases for emotional distress also. For determining the monetary compensations to be awarded, the judge and the jury will have to consider various factors. Some of these are easier to take into consideration while calculating the compensation. These factors include medical bills and lost wages. However, others, such as emotional damages are much more difficult to calculate. The various types of emotional distress that are considered are depression, panic, nervousness, and anxiety.

As mentioned earlier, the process of calculating the damages that are involved in an auto accident case can become quite complicated if the emotional distress damages are also considered. It is therefore, imperative that you select an attorney who is experienced in these types of cases. Having a skilled attorney by your side will help your case very much, as an experienced attorney will be able to obtain the best possible settlement in the case.

Auto accident attorneys

Emotional distress lawsuit

Emotional distress damages

These are the attorneys who concentrate on auto accident cases, and their expertise can be measured by their record of accomplishment at obtaining the best settlement from the defendant. These attorneys, after studying the case at hand, will be able to determine the various strengths and weaknesses of your case, and will be able to give you an expert opinion on the matter at hand. This is especially required in cases where damages for emotional distress are also taken into consideration.

One thing is certain: whatever the case may be, having a skilled attorney by your side will help you obtain the best settlement possible.

Lawsuits For Emotional Distress

Emotional distress lawsuit

Emotional distress lawsuits explained

Thanks to court shows and network dramas, many people have come to know about various legal terms that otherwise would have forever remained outside their grasp. Emotional distress lawsuit is one such term, which is likely to have received wide attention from various TV shows. It is natural that people attribute different meanings for it, and as such it is very important that one has a clear idea regarding such lawsuits.

Suing for lawsuits

Suing for such lawsuits serves a primary purpose for those who are filing the complaints, which is nothing but obtaining damages. However, you need to understand that the emotional distress damages are awarded only in some specific cases.

Damages in lawsuits for emotional distress cases are typically awarded in those cases involving physical or mental harm to the victim. One of the important points regarding the awarding of emotional distress damages is that it is independent of the intention of the defendant. The court will not consider whether the action that lead to the emotional distress was an accident, or intentional, once the harm has been done.

If the emotional distress damages that you are fighting for in a court of law surround a case that saw you physically harmed, then it is almost certain that the decision of the court will go your way. Courts often relate emotional distress with physical injuries and as a result, any cases that involve physical harm will see the victim handsomely compensated with emotional distress damages.

Cases without any physical harm

If the incident suffered by the victim is only on an emotional level, then recovering emotional distress damages will become quite difficult. Lawsuits that are filed in courts under such scenarios are for internal infliction of emotional distress.

The only reason, which makes it hard for a person to receive emotional distress damages for incidents that did not involve any physical violence is having to prove the intentions of the defendant’s actions. It is required to be proven that, the defendant’s actions were both extreme and outrageous.

File a lawsuit

Short note on emotional distress lawsuit

One such scenario is where a person threatens to attack you with a weapon. Even though no such attack occurs, it is obvious that the behavior of the other person is outrageous, based on which you can file a lawsuit.

These are some of the important bits of information that you should be aware of regarding emotional distress lawsuits. Winning such lawsuits will entitle you to emotional distress damages.

Suing For Emotional Damages

Emotional distress lawsuit

                            Emotional damages

Lawsuits that are aimed at obtaining damages have now become a common occurrence in many cases. Emotional damages, wrongful termination damages, etc are some of the damages that regularly come up in court cases. If you are the accused in a case, it is natural that the police or the law enforcement agency will come looking for you. But in the process of arresting you, if you were to suffer police brutality or excessive force that resulted in a serious injury, it is possible for you to file an emotional distress lawsuit in a court of law.

The police will vehemently deny any such arguments, and as such, you must be determined to fight for justice, and stick to your insistence that the police used unnecessary force to get you arrested. The police have the authority to use excessive force if the suspect was to fight back, use a weapon, or attempt to escape. The force used by the police is considered to be excessive if they pepper spray their suspect or, taser the suspect even if he is not resisting arrest. It is also considered as a method of forceful arrest if the police were to have physically assaulted a person going along with the arrest.

Money as damages

Damages are financial compensation provided to the victims, and are to be paid by the guilty. It often includes the lawyer’s fees incurred by the victim, and usually covers for the loss incurred due to the damages caused by the guilty party. These damages are intended as a way of compensating for the damages the plaintiff had to suffer.

The damages that are awarded in a case will depend on several factors. In a civil lawsuit, the severity of the injury sustained by the victim will play an important part in determining the damages that are needed to be paid. The degree of wrongdoing in a civil case will determine the amount of damages that are required to be paid.

If the lawyer is able to prove that the actions of the accused were intentional, then the damages will certainly increase. The maximum amount of money that can be won as damages, is restricted by various laws.

Court of law

           Damages for emotional distress lawsuits

In an emotional distress lawsuit, it is of the utmost importance that you be represented by competitive lawyers, as this will massively help your case. The courts will ultimately decide the amount of damages that are needed to be paid in a case.

Do You Really Need To Pay Taxes For Compensations?

Emotional distress lawsuit

                           Taxable lawsuit damages

The Internal Revenue Service (IRS), which is the agency responsible for tax collection and tax law enforcement, will charge you a decent amount as taxes on your compensatory damages. Taxes on lawsuits will vary depending on what kind of damages you received and how much the amounts of damages are. Many compensation damages are tax-free, while most punitive damages are considered taxable. Other than the damages exempted by the Internal Revenue Code, all other damages are taxable. The compensation damages awarded for physical injuries or sickness are generally tax-free. Let’s look into this in detail below.

Compensatory damages

These types of damages are intended to provide a compensation for the plaintiff for the damages he/she had suffered due to injuries from an accident. This compensation usually covers losses due to lost wages, costs like medical bills and pain and suffering from physical injury. Those damages awarded as a compensation for physical injury are not taxable. The IRS has clear guidelines on which damages are to be taxed and which not to.

Physical Injury

As mentioned previously, the IRS does not tax damages awarded to a plaintiff for physical injury or illness. Damages awarded to compensate for medical bills or pain and suffering are exempted from taxation. The examples for such damages are those awarded to a plaintiff who had suffered injuries due to car accidents or victims of sexual harassment.

Non-Physical Injury

The compensatory damages that you receive for non-physical harm are considered to be a taxable income. An example is the compensation damages awarded after winning a breach of contract lawsuit. Damages for emotional distress lawsuit also come under taxable damages. After winning such a compensatory award, one must report this as an income which will be later on considered for taxation.

Punitive Damages

Internal Revenue Code

                  How to tax on lawsuit damages

Though the plaintiff is compensated with more than what he had lost and suffered, the main intention of punitive damages is not to compensate the plaintiff but to punish the defendant for his wrongful deeds. There are situations where both compensatory and punitive damages are awarded for the same case like in wrongful death suits. In such cases, compensatory damages are made tax-free while punitive damages are counted as taxable income. Taxable damages include punitive damages received for emotional distress lawsuit.

To know more on taxes on lawsuits and reporting your income, it is wise to consult with qualified chartered accountants who can give you valuable suggestions on how to do it.

Filing An Emotional Distress Lawsuit Against Your Employer

Emotional distress lawsuit

      Lawsuit for emotional distress

The laws for filing a lawsuit against your corporate employer vary from state to state. In general, every state has provisions for suing your employer’s corporation on grounds of emotional distress. However, before filing an emotional distress lawsuit, you will have to understand the various doctrines for emotional distress applicable in your jurisdiction and any laws that oversee the causes of action against your employer.

Emotional Distress

Either emotional distress can be caused intentionally or it can be inflicted because of negligence. For differentiating intentional and negligent infliction of emotional distress, it is required that the victim display some form of physical manifestation of the emotional distress caused like an injury in the case of negligent infliction of emotional distress.

Intentional infliction of emotional distress

In order to bring a case of intentional infliction of emotional distress against an employer, there are certain elements that will have to be proved such as extreme and outrageous conduct, intentional or reckless conduct on the part of a co-worker or boss that results in serious emotional distress. The sufferer will have to furnish proof that the emotional distress was caused because of the employer’s distress.

Negligent infliction of emotional distress

To affirm a case of negligent infliction of emotional distress, the elements that need to be proved are many. These include a negligent action by a co-worker or the employer in such a manner as to cause emotional distress, some form of connection between the person’s actions and the emotional distress caused and some form of physical manifestation of the distress like high blood pressure, nausea, insomnia, illness or depression.

Considerations

Doctrines for emotional distress

    How to sue your employer for emotional distress

Before you file an emotional distress lawsuit against your corporate employer, ensure that your corporate policy or employment agreement allows you to do the same. Employee agreements in certain corporate agreements require that matters be sent for settlement or arbitration. In addition, certain businesses require you to file a worker’s compensation instead of a lawsuit depending on the type of business you are in. Additionally, in order to proceed, you will be required to develop a legal theory of causation if you are planning to sue your employer for a co-worker’s actions.

These are some aspects regarding the different types of emotional distress and filing a lawsuit for the same. It is important that you understand the laws regarding emotional distress within your jurisdiction before you proceed to file a lawsuit. Avail the services of an experienced attorney to help you through the procedures.

Classifying Lawsuits That Are Based On Emotional Distress

Emotional distress lawsuit

              Emotional distress lawsuits explained

One may think after coming to know about the concept of the emotional distress lawsuit, that it is the easiest way to milk someone for money in the name of emotional distress damages. Well, if you fall into that minority, then it is high time that you realized some of the details regarding emotional distress damages, and the circumstances under which they are awarded by a court of law. There are also two different types of lawsuits that deal with the emotional distress cases, and these are explained briefly below.

First of all, let us take a look into the different types of lawsuits that deal with cases of emotional distress. They are:

  • the negligent infliction of emotional distress, and
  • the intentional infliction of emotional distress.

These lawsuits can be filed in a court of law, and the circumstances which led to you having to endure emotional distress, determine the type of lawsuit that you can file.

Negligent infliction of emotional distress

To file this type of lawsuit in a court, you would need to ensure that the incident that you had to endure, which caused you emotional pain, had the following characteristics. If an individual’s negligent action (or inaction) caused you emotional pain, then you have substantial grounds to start with, but this might not suffice in the long run. There must be a connection between the actions of the individual and the emotional distress they caused you. These are sufficient grounds for you to launch a lawsuit, but to be successful at winning your claims and obtaining damages, you must furnish more details. If the emotional distress was to result from a physical injury, or the emotional pain was so intense that it resulted in any physical symptoms, then these details will prove conducive to your winning the case.

Intentional infliction of emotional distress

Emotional distress damages

            Some info on emotional distress lawsuits

The action of the individual, which caused you emotional pain, must have been intentional or reckless. It should also have been intolerable and outrageous, and verifiably connected to the emotional pain you had to endure.

For winning an emotional distress lawsuit, or any other lawsuit for that matter, it is imperative that you select a competent attorney to represent you. These lawsuits can be won once you are able to establish in a court of law that the emotional pain that you had to endure was quite extreme.

Some Info On Dog-Bite Lawsuits

Emotional distress lawsuit, state statutes

Emotional distress lawsuits explained

Dog-bite lawsuits are increasingly in number nowadays. This can be attributed to a much higher awareness among the general public, regarding the actions that they can take against a dog owner, who has been negligent in his duties towards taking care of his or her dog. Read on to know more about the different aspects of a dog-bite lawsuit.

Based on negligence of the owner

A way for the victim to make the dog owner pay for damages is by proving that there was a legal duty owed to the victim by the owner of the dog. If the parent was to leave a dog entrusted to a young child, then the victim would have to prove that the young child was too young to take care of the animal. The victim can also argue that the child does not have the capacity to take care of the dog, due to, for instance, infirmity.

Emotional distress lawsuit

If a person witnesses a close friend or family being bitten by a dog, it can be quite a trauma for them. This would hold especially true if he/she were to witness a child being attacked by a dog. In such cases, they can file an emotional distress lawsuit against the owner of the dog.

Strict liability

The victim of the dog attack must be able to prove that the dog was wild, and that the owner of the dog, or the person responsible for taking care of the dog, was irresponsible in his or her actions, which lead to the dog attacking the person. In most of the cases, it is the victim’s responsibility to prove that the owner of the dog was aware of its aggressive tendencies.

Emotional distress lawsuit, state statutes

emotional distress lawsuits

State statutes

It is often the states and the local governing bodies that impose liability using statutes in dog-bite cases. In most of the cases, these statutes make considerable a difference, since most of the negligence laws are not too strict when it comes to dog-bite cases. Various states have different statutes that enable them to keep such instances in check. In Maine, for example, the statute based on dog-bite cases allows the recovery of treble damages by the victim. Whereas in New Jersey, dog-bite statute limits the liability of the dog owner, if the attacked occurred while the victim was in the property of the dog owner.

This is some information regarding the dog-bite lawsuits that can be filed in court. Further information can be acquired on the topic by soliciting legal advice.

Information Regarding Taxable Lawsuit Settlements

Emotional distress lawsuit

                Emotional distress lawsuit damages

John had been wrongfully terminated from his position as Assistant General Manager from a reputed retail store. Ten months later, he was working another job, this time as the General Manager of the sales division of another multinational company, and had also won a handsome settlement from the company that had fired him wrongfully, after some drawn out legal battles.

Then came the time of the year when everyone got busy calculating their annual income, in a bid to submit the income tax returns. Unlike most of them, John had a complication; was he to include the money he’d received from the law settlement with his previous company, in the income he listed? Or, since it was not regular income, should he skip it altogether and just wait and hope not to fall into the IRS’s bad books? He had also gotten some extra money after winning an emotional distress lawsuit along with the one for wrongful termination. So, which of these were taxable where the IRS was concerned?

IRS and wrongful termination lawsuits

The IRS determines if the money received from legal settlements is taxable or not, by studying the underlying claim, or the action that lead to the settlement. The year 1996 warrants a special mention here, because it was after that year that the IRS started to include the wrongful termination lawsuit awards under the ordinary income section. Before that, wrongful termination lawsuit awards were considered to be tax free, if they were obtained as back pay compensation.

Emotional distress lawsuit

Legal settlements that were received for emotional distress lawsuits are considered as ordinary income, if these awards were received for wrongful termination lawsuits based on nonphysical injuries.

Taxes for settlements for wrongful termination lawsuits

Tax free

                      Emotional lawsuits explained

If the wrongful termination lawsuit results in the defendant receiving a sum of money, then that money is included in the ordinary income section, if the award was purely based on damage to reputation. However, if there is a physical injury involved, then the settlement received is treated as tax free income.

It is clear from the above information that one has to pay taxes for the monetary settlements that are received for a wrongful termination lawsuit. John did too, because the damages incurred were purely to his reputation. If you find yourself faced with similar indecision, get legal advice from an attorney, or consult online legal resources.

Settling Taxes After A Personal Injury Settlement

Emotional distress lawsuit, revenue services department

Emotional distress lawsuits explained

Oftentimes, people who receive money as damages after the settlement of a case in court, are unaware of it being taxable. As such, these people have to deal with the revenue services department. These situations can be avoided if you know the types of settlements that are tax free, and those settlements for which you will be required to pay taxes. Keep in mind that those settlements, which have been received as damages for bodily injuries caused by the defendant, are not taxable. Personal injury settlements may include compensation for physical injuries. These settlements can also include other compensation received without litigation, those received after litigation in a court of law, compensation awarded to employees, and insurance payments. Settlements that result from an emotional distress lawsuit, are not counted as taxable income in some cases.

Other settlements or court awards

The victims of personal injury crimes often receive some other settlements in addition to the personal injury compensation that they are originally entitled to. These awards can include punitive damages and emotional distress awards.

Punitive damages are monetary settlements that are often awarded on top of the compensation that a victim receives. These are awarded to deter other people from engaging in such anti-social activities in the future. The plaintiffs who receive such awards are required to report in their tax settlements, as the IRS does not allow the taxpayers to omit any information regarding such extra awards. Therefore, if you are to receive punitive damages along with a personal injury settlement, then you are supposed to report the punitive damages as taxable income.

Emotional distress damages

An emotional distress lawsuit is often charged by plaintiffs, in order

Emotional distress lawsuit, revenue services department

a short note on emotional distress lawsuits

to receive a settlement for the pain and emotional sufferings that they had to face due to the actions of the defendant. In some cases, the IRS allows the taxpayers to exclude the money obtained as damages in emotional distress cases, if the emotional distresses also lead to a physical injury.

This is some information regarding court settlements and taxable incomes. In most cases, the victim will not be required to give the settlements as taxable income; it is has been received as a compensation for a physical injury. But if the settlement is awarded as punitive damages, then there is a good chance that it might be counted as taxable income.