Not all injuries leave visible scars. Sometimes, the deepest wounds are emotional. If someone else’s actions caused you serious emotional harm, you might wonder if you can take legal action. Emotional distress lawsuits can hold people accountable even when there’s no physical injury.
Understanding emotional distress claims
Emotional distress is a type of mental suffering. It can come from events like car accidents, harassment, or witnessing a traumatic injury. In Kentucky, the law allows you to sue for emotional distress under certain conditions. You must prove that the other party acted recklessly or intentionally and that their actions directly caused your emotional harm. Without clear evidence of misconduct, these claims are hard to win.
Types of emotional distress
There are two types of emotional distress claims: intentional infliction and negligent infliction. Intentional infliction happens when someone causes distress on purpose. Negligent infliction happens when someone acts carelessly, and that carelessness results in your emotional suffering. Both require strong evidence, such as medical records or professional evaluations. Courts take these cases seriously, especially when distress leads to major life disruptions.
Proving your emotional harm
To sue for emotional distress, you need more than just your word. Keep records of therapy visits, doctor appointments, or prescriptions. Statements from mental health professionals can help show how your life changed. You can also use testimonies from family or coworkers to show changes in your behavior, mood, or ability to work. Documenting how distress affects your daily life strengthens your claim and shows how deep the impact runs.
You have a limited time to file a claim for emotional distress in Kentucky. This time frame is known as the statute of limitations. If you wait too long, the court may dismiss your case. Acting quickly gives you a good chance to gather evidence and protect your rights. Don’t let time take away your chance to speak up and seek justice.