I am sorry that you had to undergo this physical and mental trauma. Under Tennessee law, psychological/mental trauma such as what you suffered falls within the claim of negligent infliction of emotional distress. A plaintiff alleging only emotional injuries must present material evidence as to each of the five elements of general negligence-duty, breach of duty, injury or loss, causation in fact, and proximate, or legal cause. To guard against trivial or fraudulent actions, recovery is limited to claims involving “serious” or “severe” emotional injury which are supported by expert proof. In other words, you will need a psychiatrist or psychologists to back up your claim that you suffered PTSD as a result of what happened.
Answered on Jan 19th, 2018 at 6:38 PM