Can I sue for emotional distress after a school bus accident?

In Iowa, you may be able to sue for emotional distress after a school bus accident. Such a case could be a personal injury or a wrongful death case depending on the severity of the accident and the amount of mental anguish suffered. The Iowa Code on negligence established that a plaintiff must prove that the defendant owed a duty of care and breached that duty of care to recover damages. A person suing for emotional distress must also prove that the defendant’s breach of duty caused foreseeable physical or mental harm to the plaintiff. In a school bus accident, it can be argued that the bus driver, school administration, or the school district was negligent in their duties. For instance, if the bus had faulty brakes that caused the accident, the bus driver or school district may be liable. The court must determine if the plaintiff’s emotional distress was foreseeable. Generally, it must be shown that the plaintiff suffered a physical injury as a direct result of the defendant’s actions. If the plaintiff can prove that the emotional distress suffered after the school bus accident was a foreseeable result of the breach of duty and there was a physical injury, then the plaintiff might be able to recover damages. Additionally, if the plaintiff can prove that the school bus accident was particularly egregious, punitive damages may be awarded as well.

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Can I sue for emotional distress after a school bus accident?

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