In order to understand how to take legal action for something that involves your mental health, one needs to understand the meaning behind that mental distress that is being caused to a particular human being. Emotions are something that people are not sure how to handle, which directly causes emotional distress. The question that arises here is “What is emotional distress”
Understanding Mental Health:
Emotional distress is a state of mental illness that people who are going through any stress, mentally, face. Everyone knows and talks about what physical health is and how if there is a wound, it’s prominent but no one talks about the hidden wound. The wound that takes place in our minds and destroys our mental health completely. People are so focused on protecting themselves from the harms of the world that they often forget to raise their voices against the harms that happen inside the brain. Most of the pain and suffering are caused by mental distress.
If you’re wondering what kind of Emotional distress people go through, here’s a list of things that can trigger someone’s mental health in any way:
- Feelings of humiliation/shame
- Self-destructive thoughts
- Physical/Mental Abuse of any kind
As a human being, if you’ve ever been a victim of anything that causes you to overthink a situation and make negative decisions based on it, you’re in emotional distress. Many people around us are going through mental distress due to one reason or another and that distress invokes negative thoughts such as self-harm or suicide.
Emotional distress and Law:
The next thing that comes to mind when you talk about emotional distress is how to help a person who’s going through something like this. First thing’s first, get mental help. There’s nothing wrong with seeking out for help and if you can get a professional to help you with something like this, you’re one step closer to recovery.
On the other hand, if your emotional stress includes something that requires justice to take place, here’s when the Law comes in. If you’re a victim of sexual assault and that assault has lead to the compromising of your mental health, you are allowed to file a report and work not just for yourself but for the million other people around you who go through something like this.
In 2019, some courts have realized the importance of justice when it comes to emotional distress that they have awarded monetary damages for emotional distress claims and that too, without any proof of actual physical harm in the cases of sexual harassment. This step brings our society one step closer to revolution because without even realizing it, from day to day, many women and now reported, men too, are being harassed and harassment doesn’t necessarily include physical harm or abuse of any kind. Harassment can cause Mental distress and that is a fact that people need to acknowledge more every day.
How to File a Lawsuit for Emotional Distress:
As we are aware that you can not file a lawsuit against someone without proof. How to give proof of someone who’s going through emotional distress? For starters, a mental health professional can help in something like this. Everyone who is going through any emotional distress realizes that reaching out for help is very important and for something like this, a professional can come in handy. Physiatrists and therapists are the best way to go with something like this.
If you explain what you’re going through to the therapist and they can work as proof that you are going through someone and can similarly help you file a report. Like any other doctor, therapists also have reports and an organized filing system that proves whether or not a person is going through something and if cases are as mental abuse, a therapist is the only effective way to prove your innocence and file a lawsuit.
Steps to File a Lawsuit:
In case of going through any emotional distress, you need to hire yourself a lawyer and follow what he/she tells you. That is one way to get started with. But even before that, here are some of the steps you need to follow:
- Get yourself checked
The first step to any problem is to get to the crux of the issue. If you’re going forward for justice, you need to understand that problem at first. Of course, for something like mental distress, you would have to reach out to a mental health professional and get your issue identified.
There are many therapists all over the world who can help you figure out what it is that is causing your mental health to be disrupted. For instance, if you’re a rape victim but it happened many years ago and due to some reason, you’ve shut that part of your life down and never talked about it or got justice for it. That one thing would affect your mental health in one way or the other.
It is scientifically proven that kids who were sexually harassed when they were young have problems sharing how they feel or become pathological liars because they’ve been shut down to the truth. Something like this can not be handled by a normal person or a close relative or friend. It needs to be handled by a professional
- Hire a lawyer:
Once you’ve identified that there is something that has harmed your mental health in any way and you want justice for that, the next step is to get yourself a lawyer. Hire a professionally trained lawyer who will do anything and everything in their power to get justice to you or anyone close to you whos’ going through emotional distress.
For instance, if you or someone close to you was killed an accident that involves a drunk driver, you can hire a lawyer under the case for emotional distress and in something as sensitive as this, you need to hire yourself a lawyer that would stand with you through thick and thin.
The next and final step to filing a lawsuit is proof. When you take a case to the court, you need to realize the importance of having proof. No judge would be willing to listen to you just because you say so. Facts and logic do the trick. So when you’re taking an emotional distress case to someone, make sure you have the proof needed to prove your innocence.
How to get proof is the tough part though. Although your lawyer would be handling this bit, you need to be actively involved in this as well. If there is something or someplace where your lawyer can’t reach but you can, don’t hesitate to come forward. Talk to your lawyer, help him get to the proof and he will handle the rest.
What Tribeca Lawsuit Loans have established through this is that filing a lawsuit and getting justice for something that you had to go through isn’t as tough as the problem may seem. If you’re going through any kind of mental distress, don’t hesitate to come forward.