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

Yes, it is possible to sue for emotional distress after a school bus accident in New York. This type of claim is known as a “negligent infliction of emotional distress” claim. To have a valid claim, you must prove the following: 1. the defendant must have acted negligently or carelessly; 2. you experienced emotional distress directly from the defendant’s negligence; and 3. the emotional distress was severe enough to constitute serious mental anguish or sufferings. Negligence is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised in a similar situation. Generally, a school bus accident in New York is handled as a personal injury case because the busing company or the school district can be held liable for the accident. The range of damages that can be awarded to you for emotional distress are generally modest. Awards will vary depending on the severity of the emotional distress suffered by the plaintiff, as well as the applicable laws in the state. The court may award you damages for pain and suffering, emotional anguish, as well as, financial losses due to medical expenses. If the school bus accident happened due to negligence of the school district or bus company, then you can pursue a claim for emotional distress against them. To do so, you should consult an experienced New York personal injury attorney. They can help you understand your legal rights and advise you on the best course of action for your situation.

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