11/9/2023 0 Comments Hamilton writer bulliedSome states have done away with the requirement for physical symptoms altogether in recent years . The need for physical symptoms can vary from state to state, with some allowing a case to proceed if the symptoms are only minor issues like loss of appetite or inability to sleep. If you were so scared you broke out in hives, for example, or developed a tremor in your hand, you may be able to seek damages from the driver. In order for you to successfully claim negligent infliction of emotional distress in most states, you would need to have some kind of physical reaction - even though there was no physical contact. Suppose, instead, that the accident happened but no one was physically hurt. In the car crash example, there’s obviously a case for pain and suffering to be considered along with the other harm caused by the accident. If someone sets out to cause distress, it can sometimes be enough for a lawsuit. The word “intentional” suggests the main difference between the two types of cases. It is also possible to sue for emotional distress when there was an intention to create emotional distress, such as in cases involving sexual abuse or harassment or defamation .Įmotional distress cases can be based on negligent infliction of emotional distress or intentional infliction of emotional distress. Post-traumatic stress disorder (PTSD), anxiety, depression and other types of mental illness are medical diagnoses and can arise from a car accident in which there are no physical injuries. In some states pain and suffering is only compensable if it is related to physical injuries or sickness.Įmotional distress does not have to be tied to a physical injury. In instances like this example - where there may be emotional distress accompanying physical harm - the emotional distress is commonly known as pain and suffering. Courts have also determined ways to assign value to mental suffering. In the example where the driver hit your car, obviously the cost of repairs and of medical treatment can be assigned a value. Your car is damaged, perhaps you or your passengers are injured and you might experience mental suffering as a result, too. If the car runs a stop sign and hits your car, there are many kinds of damages that can arise. This is where the emotional distress comes into play. The third element is that the breach of duty causes harm.Technically, any violation of the law or is going to be a breach of the duty to drive safely, but breach of duty occurs by doing anything a reasonable person wouldn’t do. In the case of a car accident, the breach happens when the person speeds or runs a stop sign. The person driving does not behave in the way a reasonable person would in that situation. The second element of all negligence cases is a breach of duty.Everyone who uses a car must be licensed and must obey the laws. The first element of a car accident case is that people have the duty to drive legally and safely on public roads.The “caused by someone else’s actions” part is the key. This is where the legal distinction starts to really matter, though. Symptoms of emotional distress may include : Though the language varies from state to state, the basic definition of emotional distress is mental suffering caused by someone else’s actions - either on purpose or accidental. The legal definition is a little more complicated, though. Emotional distress in a general sense is easy to understand: it’s just mental suffering.
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