Most of us know that if we suffer injuries caused by negligence, such as a hazardous condition at a hotel, we can file a personal injury lawsuit for damages related to those injuries. This legal right applies to both physical and mental injuries, such as emotional distress. 

At the Cottle Firm, our team of Las Vegas hotel injury lawyers helps our clients seek financial compensation for all damages related to preventable hotel injuries, including emotional distress. If you have recently been injured at a Las Vegas hotel or casino, you can learn more about your legal options by contacting us today at 702-834-8000.

What Is Emotional Distress?

According to Cornell Law School’s Legal Information Institute, emotional distress is any type of mental suffering that occurs as an emotional response to memories of a particular experience, such as a traumatic accident. Emotional distress can manifest as a variety of symptoms, including:

  • Anxiety
  • Depression
  • Flashbacks
  • Fatigue
  • Feelings of guilt or shame
  • Insomnia and nightmares
  • Flashbacks
  • Sudden weight loss or gain
  • Chronic headaches
  • Regular crying
  • Difficulty performing tasks
  • Physical illness

If you have been injured in an accident caused by negligence and suffer from any of these symptoms afterward, you may be suffering from emotional distress. Depending on the circumstances of the accident and your condition, you could potentially recover emotional distress damages in a personal injury lawsuit.

When Can You Sue For Emotional Distress in Nevada?

There are a few different circumstances in which emotional distress damages may be pursued in Nevada. If you were injured in a hotel accident and want to sue the property for emotional distress, your claim will be filed based on either negligent infliction of emotional distress (NIED) or intentional infliction of emotional distress (IIED). In some cases, family members who witnessed the accident and were traumatized by it may also file a bystander lawsuit for emotional distress.

Negligent Infliction of Emotional Distress (NIED)

In Nevada and most other states, victims of injuries caused by negligence may only sue for emotional distress damages if the distress resulted from a physical injury, or if the emotional distress condition is severe enough to manifest in physical symptoms.

For example, if you suffered severe injuries and developed PTSD as a result, you would likely have a strong claim for damages for negligent infliction of emotional distress. If you did not suffer physical injuries but developed a mental condition with physical symptoms, such as anxiety that causes you to break out in hives, you would also likely have a valid claim. However, if you suffered no physical injuries nor any physical symptoms caused by emotional distress, you would not have a valid claim for emotional distress damages in Nevada.

Intentional Infliction of Emotional Distress (IIED)

The vast majority of emotional distress damages are sought based on NIED. However, in some cases, victims may also seek damages for intentional infliction of emotional distress (IIED). In most cases, Nevada courts only allow this in cases of egregious or reckless conduct. 

Bystander Emotional Distress

In some cases, bystanders who witness an accident involving serious injuries could have grounds for emotional distress. This only applies to close family members of the injury victim. For instance, if you suffered traumatic injuries in a slip and fall at a Las Vegas hotel and a family member who witnessed it suffered emotional distress, they could have grounds for a personal injury claim against the hotel.

Hotel Liability For Emotional Distress

Not all instances of emotional distress are eligible for a personal injury claim. To have a valid claim, your case must meet certain requirements. You can learn more about whether you have a valid claim by discussing your case with an experienced Las Vegas hotel injury lawyer at the Cottle Firm.

Duty of Care in the Hospitality Industry

Hotels have a legal responsibility to ensure the safety and well-being of their guests. In legal terms, this is known as a duty of care. This duty of care owed by the hotel includes maintaining a secure environment and minimizing foreseeable risks that could injure guests. 

Under the duty of care, hotels are expected to take proactive measures to prevent accidents and injuries on their premises. This includes promptly addressing slippery floors, poorly maintained facilities, and other hazardous conditions that could endanger guests. Failure to meet these standards may be considered a breach of the duty of care. 

Legal Standards For Holding Hotels Liable

To file a successful personal injury claim for emotional distress, certain legal standards must be met:

  • Negligence – If a breach of the duty of care occurred and a guest was injured as a result, the hotel could be considered negligent. A breach can occur through an act of omission or commission, such as failing to address hazardous conditions or inadequately responding to security concerns.
  • Forseeability – The accident and subsequent injuries need to have been foreseeable. The main question is whether a reasonable person could have anticipated that certain actions or conditions might have led to an accident involving injuries or emotional distress.
  • Proximate Cause – Proximate cause applies if the hotel’s conduct directly contributed to the emotional harm the guest suffered. This link must be proven to have a valid personal injury claim.

In Nevada, meeting these criteria is crucial for those seeking legal recourse for emotional distress or other damages related to a hotel or casino injury.

How to File an Emotional Distress Lawsuit

If you believe you have a valid claim for emotional distress related to a hotel injury, you should find an attorney with experience in similar cases. An attorney can guide you through the legal process and help you fight for fair compensation based on the harm you’ve suffered. In addition, keep the following points in mind if you plan on filing a personal injury claim against a hotel.

Seek Treatment

Most of us know to seek medical care when we suffer serious injuries, but psychological injuries are no different. If you are suffering from some form of emotional distress after an accident, such as anxiety or PTSD, seek psychiatric care. This is key both for your own health and your legal case.

Gather Evidence and Documentation

An emotional distress claim requires ample evidence. If you have seen a psychiatrist, therapist, or other mental health professional for treatment of your emotional distress, any diagnoses, prescriptions, or other treatments can be used as evidence for your personal injury claim. 

Consult With an Attorney

After you have gathered evidence of your emotional distress, the next step is discussing your case with an attorney. A personal injury lawyer can evaluate your case and help you determine whether you have a valid claim, gather additional evidence, calculate damages, negotiate with the hotel for a fair settlement, and help you prepare for and go to trial, if necessary. 

Discuss Your Emotional Distress Case With Our Las Vegas Hotel Injury Lawyers

Are you suffering from anxiety, depression, PTSD, or another mental health ailment after being seriously injured at a Las Vegas hotel or casino? If your accident was caused by hotel negligence, you could have grounds for a personal injury claim for emotional distress and other damages like medical bills, lost wages, and pain and suffering. 

At the Cottle Firm, our Las Vegas hotel injury lawyers are prepared to stand by your side and help you fight for the financial compensation you deserve: contact us today at 702-834-8000 to learn more in a free consultation.

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