Being involved in a serious accident can result in a lot of distress. Your adrenaline spikes, and you go into fight-or-flight mode. If you are injured, you may not feel the pain immediately because of the shock. In addition to physical injuries, you are likely experiencing emotional distress. In some cases, you can get compensation for that harm.
If you’re injured in a wreck, you could qualify for compensation from the at-fault party for your economic and non-economic damages, damages like emotional distress. Hecht, Kleeger & Damashek, P.C. can help guide you through the process of gaining that compensation. Call (212) 490-5700 for more information.
An emotional response after an accident is normal. You may feel fear, anger, shock, and other emotions. However, if your level of emotion reaches intense distress, you may be able to recover compensation.
To get money for emotional distress after an accident, you must prove the following:
Suppose you can prove each of these elements by a preponderance of the evidence. In that case, you may recover compensation for intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED). A preponderance of the evidence means that it’s more likely than not, as proven by more than 50% of the evidence.
There are two types of emotional distress: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). Each is a bit different according to New York laws.
Intentional infliction of emotional distress (IIED) involves deliberate conduct by a defendant. For example, direct verbal threats intentionally inflict emotional distress upon a victim.
The intentional conduct must be outrageous, indecent, atrocious, and so unwelcome in contemporary society and culture that it is unacceptable.
The specific elements of IIED include:
A person may also act recklessly and cause IIED.
A person might be liable for negligent infliction of emotional distress (NIED) if they acted negligently instead of intentionally. The specific elements of negligence include:
For example, all drivers have a duty to other people on the road to be sober. This is a matter of law. Suppose a defendant breaches that commitment and drives intoxicated, especially on multiple occasions, and they cause an accident that results in emotional distress to the plaintiff. In that case, they can be held liable for NIED. In some extreme cases, their reckless behavior may rise to IIED.
The type of emotional distress you can recover money for must be extreme.
For example, if someone repeatedly threatens you with a pattern of reckless behavior, you may become fearful to the point that you must change your lifestyle. This extreme fear is an example of emotional distress.
If someone tries to run you off the road in a fit of road rage and follows you to your home, their actions are highly reckless and even intentional. You may suffer PTSD from such an event and be unable to drive after the event.
A bystander rule, or “Zone of Danger,” theory of liability is associated with NIED. Under this theory, a person who was not injured may recover from the defendant if:
To recover compensation under New York’s zone of danger rule, you must also prove that there was a real possibility that you may have suffered severe injury or death, you were aware of your family member’s injury or death at the time it happened, and the victim was an immediate relative (parent, child, sibling, or grandchild).
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Read More ResultsFiling an emotional distress lawsuit can be difficult. You often must file it with other damages, such as medical bills, lost wages, pain and suffering, etc. In most cases, IIED and NIED require the same types of proof as these other losses.
It’s important to document all the losses associated with your emotional distress. That will involve mental health records, a journal, and anything else proving you had debilitating emotional distress.
Insurance companies frequently deny IIED and NIED claims; you will likely have to file a lawsuit to get what you deserve. An experienced personal injury lawyer can help you draft necessary legal documents and meet all required deadlines.
In New York, to meet the statute of limitations, or deadline, you must file an IIED or NIED lawsuit within one year of the event. If you file a lawsuit after that deadline, you may forfeit your right to compensation, no matter how strong your case is.
One of the most essential steps in an IIED or NIED case is hiring a personal injury lawyer who knows how to handle these complex cases. The legal team at Hecht, Kleeger & Damashek, P.C. has helped countless clients like you. Call us today at (212) 490-5700 or use our online contact form to reach out.
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09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…