Getting Compensated For Emotional Distress
It is difficult to seek compensation under Texas Law for emotional distress in the absence of physical injury. You have a better chance for winning the case if the negligence that caused the emotional distress was particularly outrageous or horrific.
But insults, criticism or mild oppressions are not considered horrific. For something to be really horrific, it must cross all bounds of decency. That means that behavior that is simply unethical or illegal is not necessarily horrific.
Ptsd And Claims For Emotional Distress
PTSD and claims for emotional distress, while similar, do have their differences. While PTSD has a list of specific symptoms, mental anguish and emotional distress typically do not. Some examples of what could constitute emotional distress include:
- Sleep disturbances, such as insomnia
- Anxiety, depression, and/or fear
- Humiliation and
Suing for PTSD as the basis for an emotional distress claim will utilize the personal injury legal theory. In such cases, the plaintiff must prove to the court that their extreme feelings, such as those mentioned above, have caused long-lasting or permanent negative effects.
Some examples of genuine emotional distress claims include:
- Intentional Infliction of Emotional Distress: This is a tort defined as one person acting outrageously while intending to cause another person to suffer severe emotional distress. An example of this would be threatening future harm or
- Negligent Infliction of Emotional Distress: This is a tort defined as causing severe emotional distress through negligent action. If a plaintiff wishes to claim negligent infliction of emotional distress, they must have experienced contact resulting from the defendants negligence. However, they may have been within the zone of danger in order to assert a negligent infliction of emotional distress claim.
What Are The Laws On Domestic Violence In California
States are the authority when it comes to domestic violence laws. In California, domestic abuse occurs when it is between partners who are married, registered domestic partners, dating, exes who used to date, living together, used to live together with an intimate relationship, or closely related family members. These cases can be pursued in both criminal and civil court.
California also has guidelines and definitions on what constitutes as abuse in the state. Some of these include:
- Physical harm to another or trying to hurt someone either intentionally or recklessly
- Certain behaviors like stalking, harassing, threatening, disturbing the peace, or destroying personal property
- The act of making someone afraid that they or someone they care about will be hurt
- Non-physical violence including verbal, emotional, or psychological
One first step you can take is to petition the court for a restraining order. This is a court order that is meant to protect victims from further abuse or threats of abuse from someone they have a close connection with. These orders make it illegal for the abuser to approach or be near the victim. They can also include provisions like not owning a gun, paying child support, paying spousal support, paying bills, and complete abuser prevention and intervention programs.
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How Ptsd Damages Are Calculated
These 5 factors would be considered in calculating damages for PTSD:
How Much Can I Sue For Psychological Impairment
It is challenging to determine compensation for such cases because there are non-economic damages. Economic damages include loss of property, inability to work, impact on professional abilities, and more. Non-economic damages are psychological and cant be quantified. You can discuss the situation with your lawyer and come up with a compensation amount that works for you. The cost can vary from case to case.
If youre looking for more advice on the matter, dont hesitate to contact us at Conte Jaswal. You can call us at our toll-free number 1.877.614.0008 as well. Our lawyers will provide excellent advice and help you get the compensation you deserve.
Contact us today for a FREE Consultation.
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Can I Sue For Emotional Abuse
A local attorney will know the particular language and requirements for this type of lawsuit in your state as well as how state courts interpret relevant laws. If you have been harmed by emotional or verbal abuse, contact an attorney who can discuss your legal rights.
What is emotional abuse?
Emotional abuse is when a person imposes behavior or language that can cause psychological trauma or even physical symptoms for the victim. Examples include making false statements, slander or forcing a person to see disturbing or negative images or behavior. Emotional abuse is a common type of abuse in romantic relationships a partner who chooses to end a relationship may be especially vulnerable to emotional abuse.
What is verbal abuse?
Emotional and verbal abuse may not leave physical scars but they can be just as damaging as physical abuse because of the emotional pain, mental anguish and physical symptoms that they create.
Suing For Emotional Distress
Following an act of negligence, its relatively common knowledge that you can sue someone for physical injuries. However, a common question related to those same circumstances is, Can I sue someone for emotional distress?
Experiencing a serious accident can not only result in physical injuries but emotional suffering as well. Compared to physical injuries, emotional distress can be difficult to quantify. However, the damages and the impact on victims are still very real.
Suing for emotional distress allows a victim to recover some of these damages. Read on as we explore the legal ramifications of suing for emotional distress.
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Can I Sue For Emotional Distress
Emotional distress can be caused after an accident, an experience of medical negligence or after a distressing experience, such as being bullied, harassed or discriminated against at work.
It can take a significant toll on you. Any sort of upsetting, or even traumatic, event could leave you suffering from anxiety, depression or fear.
You may also find that you experience physical symptoms, such as lack of sleep, increased heart rate, shortness of breath, stomach problems or dizziness.
So can you sue for emotional distress?
Making an emotional distress claim
It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someones negligence caused the harm you first suffered.
This could be because you were hurt in an accident that was someone elses fault. This could be an accident in a public place, like a fall. In this case, you could hold the occupier of the building you were hurt in responsible. If your accident happened outside, it may be possible to hold the local council or other organisation, such as a car park company, responsible.
If you are suffering from emotional distress after a medical accident, you could hold your treatment provider responsible. This could be an NHS or private provider. Feeling betrayed is a common emotion after experiencing medical negligence. We understand that you will want to make things right after going through an incident like this.
Proving your case
What Is Emotional Distress
It is often very difficult to recover damages for injuries that resulted in emotional distress. Unlike a broken bone or other physical injury, it is often hard to definitively prove your injuries. Thus, it is important to understand the different types of emotional distress claims that you may make before attempting to file a lawsuit based on emotional distress.
Emotional distress, also known as mental anguish, is a non-physical and mainly psychological injury that may be asserted in civil lawsuits. In short, the law recognizes emotional distress as a state of mental suffering that occurs because of an experience caused by the negligence or intentional acts of another, usually of a physical nature.
It is important to note that in most cases, you may only be able to sue for emotional damages if the incident in question resulted in physical harm. However, as of June 2019, some courts have recognized a right to award monetary damages for emotional distress claims without a showing of actual physical harm in cases of sexual harassment or defamation.
In these cases expert witness testimony from a therapist or psychiatrist may be used to prove a plaintiffs case of emotional distress, as well as evaluate the range of monetary damages associated with the injury.
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Intentional Infliction Of Emotional Distress
There are two types of emotional distress claims. Your first claim may be for intentional infliction of emotional distress. Intentional infliction of emotional distress is a tort . While the requirements vary from state to state, you typically need to show the following elements:
- Intentional extreme and outrageous conduct
- Severe emotional distress
If you can show that each of these elements is more likely than not to have occurred, you may be able to recover. But it is an uphill battle.
Domestic Violence: When Should You Sue
Hossein Berenji, Apr 08, 2020
The statistics of domestic violence are staggering. In the U.S., it is estimated that almost 20 people per minute are physically abused by an intimate partner. The actual number may even be higher because many victims fear retaliation or further actions if they report their abuse. Remember though, you do have options if you are the victim of abuse. An abuser can face charges in criminal court. They can also be sued in civil court for any damages you receive as a result of their abuse.
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Can I Sue My Ex
Submitted By: Tonya
My story is long but I will make it very short. My husband unexpectedly left my 3 children and myself without any notice. I ended up having to short sale my nice home and also close down my new business I had just opened just 3 months before he left. I lost a lot of money closing down my business and it could have been a nice future income for myself.
I had to move across the valley with my kids and force them to start new schools and friends. I had to sell most of our belongings too. It was very emotional. I had severe depression after closing down my business and selling my home. My children also had depression and suicidal tendencies.
My ex took me to court 3 more times afterwards trying to blame ME for the reason his children didnt want to talk or see him. This lasted for 2 years and was very stressful and emotional also. I had to spend a lot of money on 4 different attorneys.
After the final court battle, I ended up in the hospital because I had a stroke , due to my declining health and stress from the divorce and legal battles. I had developed many health issues because of this: depression, anxiety, high blood pressure, high cholesterol, fibromyalgia, stroke, etc.
I take 12 medications daily for these things and before all this, I had zero medications and was in very good health. My kids also didnt take meds and now they are all on anti-depressants.
How Is Ptsd Proven In Court
There are 2 kinds of witnesses in a trial: fact witnesses and expert witnesses.
A fact witness testifies about their own observations specifically about what happened in the case. An expert witness testifies about what they believe based on the evidence that was presented to them, which is related to their knowledge and experience in their field of expertise.
The average jury member isnt qualified to judge whether a plaintiff has PTSD. Theyll rely heavily on expert testimony. But the expert cant just say even under oath that the plaintiff has PTSD in order to convince a jury. The expert must provide evidence that explains to the jury why they believe the plaintiff has PTSD.
The plaintiffs own therapist might be both a fact witness and an expert witness if theyve personally observed the plaintiff demonstrating the symptoms of PTSD or if theyve treated the plaintiff for the condition based on the plaintiffs descriptions of their thoughts and behaviors.
Some experts will claim that PTSD can only be caused by a large-scale traumatic event. Others say that PTSD can be caused by a variety of events, and what might not seem traumatic to one person could be intensely triggering for another.
Ultimately, if youre the plaintiff in a PTSD personal injury lawsuit, the jury will decide whether your lawyer has presented enough evidence that you have PTSD.
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Can You Get Damages For Emotional Distress In Family Law
Can You Get Damages for Emotional Distress in Family Law?
In Ontario at least, the answer to this question is yes, according to the 2009 court decision in McLean v. Danicic, in which a wife was awarded significant damages after her husband engaged in what the court called a relentless campaign of harassment against her after they separated. This included him sending her numerous harassing letters and intimidating photographs, and sending her a written threat that he would personally put a bullet in her head. His conduct had caused the wife to suffer considerable distress, acute anxiety, and fearfulness which required her to seek medical attention and take medication regularly.
Accordingly, as part of the separation and divorce process the wife asked the court to award her damages for pain and suffering or for harassment, claiming that the Ontario Family Law Act allowed for such an award in the right circumstances.
In considering the wifes request, the Ontario Superior Court of Justice noted that historically there were only two specific situations in which such damages could be awarded under the FLA:
1) where a plaintiff loses a loved one because of the negligence or misconduct of the defendant, thereby losing the loved ones services and/or companionship and
2) where there is assaultive behaviour after a relationship breakdown.
1) flagrant or outrageous conduct
2) calculated to produce harm and
3) resulting in a visible and provable illness.
Re: Ptsd Due To An Attack By My Ex Husband
If you are identified as the victim in a police report, AND cooperated with police/the state in pursuing criminal charges against the offender, you would probably qualify. In Illinois, you’ve got to file for the assistance within 2 years of the date of the crime or within 1 year of the criminal indictment, whichever is later.You can find the information, requirements, etc. at:
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How A Columbus Attorney Can Help Prove Emotional Distress
An empathetic Columbus, Ohio, emotional distress lawyer can help a plaintiff who develops new or worsened depression, post-traumatic stress disorder, or another mental or behavioral problem following the negligent, reckless, or intentional actions of another clear these evidentiary hurdles.
Proving the existence and extent of emotional distress requires presenting some combination of five types of evidence to a civil court judge or jury.
How To Sue For Emotional Distress
How can you sue someone for distress? Suing for emotional damages involve the following steps:
Suing someone for emotional distress can be a long and arduous journey. Equip yourself with how the process works and consult with an attorney to give yourself the best chances of recovering your damages.