If you have been injured due to someone else’s negligence, you may be wondering if your family members can seek compensation for emotional distress due to your injuries. Please continue reading as we explore the circumstances in which your immediate relatives can pursue an emotional distress claim in New York and the importance of connecting with an experienced New York City Injury Lawyer to fight for justice.
What is Emotional Distress?
In a personal injury claim, emotional distress refers to the psychological harm an individual experiences after a traumatic event or accident caused by another party’s negligence or wrongful actions. This mental suffering encompasses a wide range of negative emotions, including anxiety, depression, fear, anger, guilt, shame, humiliation, and post-traumatic stress disorder. It can significantly impact a person’s quality of life, work, and personal relationships.
Can Family Members Claim Emotional Distress Because of My Injuries in New York?
In New York, the “zone of danger” rule allows for emotional distress claims if a family member is threatened with bodily harm during an incident or witnesses the death or serious injury of an immediate family member. You should note that immediate family refers to parents, children, siblings, or grandchildren. To successfully claim the zone of danger or bystander theory, the following must be true:
- The defendant unreasonably exposed you and your immediate family member to physical harm
- Your family member witnessed the serious injury
- Your family member suffered emotional harm
- The defendant’s conduct was a substantial factor in causing your injury
If any of the above elements are lacking, the bystander plaintiff typically will not be permitted to make a claim for and recover for emotional distress. For instance, if the bystander only heard about the incident without witnessing it, they generally may not legally recover damages. If you can prove the above elements, you may have a valid claim to NIED (negligent infliction of emotional distress).
What is the Statute of Limitations?
You should note that the statute of limitations for filing an emotional distress claim is generally one year from the date of the incident that caused the suffering to manifest in New York. NIED is an independent claim on the accompanying personal injury claim, which is typically three years from the date of the accident.
If you believe that you have suffered emotional distress, you must file your personal injury claim within the right timeframe. Failure to do so can result in the absolute bar of recovery. Essentially, missing the deadline can result in relinquishing your right to pursue compensation for your damages.
At The Bàez Legal Group, we understand how a person’s injuries can affect their family members, both emotionally and practically. Our legal team is prepared to help you understand your rights and the options available to immediate relatives after an accident. Consult with a skilled attorney for guidance and skilled representation.
