Suing for emotional distress can help pay for treatment or disability caused by unlawfully inflicted harm. The harm must be caused by extreme neglect of a duty of care or intentional infliction of hardship. It’s important to consult with personal injury attorneys before suing.
In a legal sense, emotional distress refers to mental or psychological pain caused by the wrongful or negligent behavior of another party. Just like suing for medical bills, suing for emotional distress can help pay for treatment or disability caused by unlawfully inflicted harm. Often, an emotional distress claim is folded into a larger lawsuit, as damages for emotional pain are sometimes difficult to assess on their own.
Before suing for emotional distress, it’s important to understand the type of situations in which this charge may be appropriate. Causing emotional distress isn’t technically illegal, or else many breakups and sibling arguments would end up in court. In most cases, for an emotional distress claim to reach court, the harm must be caused by either extreme neglect of a duty of care or the intentional infliction of hardship. In both situations, the emotional distress must be causally related to the wrongful accident that led to the accident and may require some proof of financial damages, such as money spent on therapy to manage the distress.
In a malpractice case, it is important to show that the defendant had a duty to protect or serve the plaintiff. Consumer product lawsuits often involve malpractice, as the manufacturer may be seen as having a duty to protect the customer and deliver on its advertised promises. Medical malpractice and lawsuits are also situations where extreme negligence can lead to a lawsuit that includes a claim of emotional distress. In nearly all negligence-related emotional distress suits, the damages must also include physical or property damage.
The intentional infliction of emotional distress can result from situations such as severe bullying or psychological torture. The standards for exactly what constitutes “intentional harm” are extremely vague, with different jurisdictions having different definitions. In short, suing for emotional distress under this title requires proof that the defendant acted in an outrageous and wholly unacceptable manner in order to specifically cause emotional harm. As with emotional distress lawsuits caused by negligence, a case can be greatly helped if there are physical injuries or measurable costs associated with the case.
To decide whether it is feasible to sue for emotional distress, it may be wise to consult with several local personal injury attorneys. Seeing more than one attorney can create a more comprehensive perspective on the matter; since some dishonest lawyers may be out on costs generated by a case rather than seeking justice, a second or third opinion can help protect the plaintiff. It may also be helpful to read regional tort procedure laws and local case histories of emotional distress claims.
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