After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Emotional distress can have a lasting impact, often well beyond the initial incident. If your suffering was caused by someone else’s actions, suing someone for emotional distress may be an option. At Kidwell & Gallagher Reno Injury Lawyers, we guide Reno residents through the complexities of these cases. Our team helps you understand available damages, navigate common challenges, and build a strong case to protect your rights and pursue justice.
Filing an emotional distress lawsuit involves a few key steps:
Emotional distress claims typically fall into two categories:
You’ll need to prove that the emotional distress was severe and caused by the other party’s actions. This may include medical records, journals, or testimony from mental health professionals.
Filing involves submitting a formal complaint with evidence outlining the damages you seek and the legal basis for your claim. For more details, visit LegalClarity.
If your lawsuit succeeds, the court may award two types of financial compensation:
Compensatory Damages: Covering expenses like therapy, lost wages, or ongoing treatment for PTSD.
Non-Economic Damages: Addressing pain, anxiety, and reduced quality of life.
In cases of extreme negligence or intentional harm, courts may also award punitive damages.
Proving emotional harm is challenging since it lacks visible evidence, requiring other forms of proof. Defendants may argue that:
LegalClarity notes that proving intentional harm requires showing the defendant’s actions were so extreme they exceeded reasonable standards, one of the toughest legal thresholds for plaintiffs.
Emotional distress refers to mental suffering caused by a traumatic event or condition. The Legal Information Institute at Cornell Law School defines it as psychological pain resulting from a specific incident or its lasting memory. Courts recognize it through documented indicators such as sleep disturbances, panic attacks, ongoing anxiety, depression that interferes with daily functioning, or physical symptoms like headaches and tension that develop in response to psychological trauma.
The value of emotional distress claims varies by case. Courts evaluate treatment records, professional testimony, symptom duration, and whether the defendant’s behavior was reckless. Nevada imposes no damage cap, but compensation must correspond to verified harm supported by medical documentation.
Yes, pursuing an emotional distress claim can be worthwhile when emotional harm disrupts everyday living or employment. Compensation provides access to therapy, medication, and support resources while holding negligent parties accountable.
Proof relies on credible documentation, including therapy notes, medical records, personal journals, and testimony showing a significant mental impact connected to the defendant’s conduct.
Building a strong case requires strategy and preparation. Here are some tips to maximize the chances of receiving fair compensation:
Keep records of mental health treatments, symptoms, and how the distress has impacted your daily life. Journals, therapy notes, and medical assessments add legitimacy to your claims.
Expert testimony from psychologists or therapists helps substantiate the emotional harm and its causes.
A great lawyer will know how to present your case to make it most effective. They will help collect and present evidence that is required to demonstrate the severity of the distress.
There needs to be substantial causation. Your lawyer needs to prove that the defendant’s reckless or intentional actions caused your distress directly.
Are you suffering from emotional distress caused by someone else’s actions in Reno? You don’t have to go through it alone. At Kidwell & Gallagher Injury Lawyers, our experienced Reno personal injury lawyers are here to fight for the justice and compensation you deserve. Call us today at (775) 323-2667 for a free consultation.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.