Can I sue for emotional distress?

Yes, you can sue for emotional distress in Oklahoma; however, the burden of proof is much greater. Emotional distress, also known as mental anguish, is a form of damages that can be recovered in a civil lawsuit. To be eligible to sue for these damages, you must be able to demonstrate that the defendant’s negligence caused you to suffer severe mental anguish. Courts have found that emotional distress can include symptoms such as depression, grief, anxiety, fear, humiliation, shock, and impaired sleep. When suing for emotional distress in Oklahoma, the victim must prove that the defendant acted with extreme or outrageous behavior. This means that the defendant’s conduct must be substantially beyond all possible bounds of decency, and must be so atrocious and extreme in nature that it goes beyond normal human decency. Additionally, the victim must show that the emotional distress was caused directly and solely by the defendant’s actions and not by any other factor. Finally, emotional distress damages in Oklahoma can only be recovered in cases where physical damage or physical injury was also suffered by the victim. This means that if the accident only caused emotional distress, it is unlikely that the victim will be able to recover damages.

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