Table of Contents
Introduction
Personal injuries can be physically and emotionally taxing for the victim. It is, therefore, not surprising that claims for damages for emotional distress are common in personal injury cases in California. If you have suffered emotional distress after a personal injury, this article will provide you with information on how to recover damages for emotional distress in California.
What Is Emotional Distress In Personal Injury Cases?
Emotional distress is a legal term used to refer to the psychological condition caused by a traumatic event or injury. In personal injury cases, emotional distress can refer to anxiety, depression, trauma, or any other psychological trauma that the victim has suffered as a result of the injury.
Types Of Emotional Distress Claims
There are two types of emotional distress claims in California, namely:
1. Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress occurs when an individual suffers emotional trauma as a result of another person’s negligent actions or behavior. The victim must prove that the emotional distress suffered was a direct result of the defendant’s negligent conduct.
2. Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress occurs when an individual intentionally engages in behavior that causes emotional trauma to another person. The victim must prove that the defendant’s behavior was outrageous, extreme, and beyond the bounds of acceptable behavior in society.
Recoverable Damages for Emotional Distress
In California, victims of emotional distress can recover damages such as:
1. Medical Expenses
The victim can recover medical expenses associated with emotional distress, such as the cost of therapy and counseling.
2. Lost Wages
If the emotional distress has affected the victim’s ability to work, they can recover lost wages and future earning capacity.
3. Pain and Suffering
The victim can recover compensation for the pain and suffering caused by the emotional distress.
4. Punitive Damages
In cases of intentional infliction of emotional distress, the victim can be awarded punitive damages. Punitive damages are awarded as a form of punishment to the defendant for egregious actions.
How to Prove Emotional Distress
To recover damages for emotional distress, the victim must prove the following:
1. The defendant acted negligently or intentionally.
The victim must prove that the defendant’s actions caused the emotional distress.
2. The victim suffered severe emotional distress.
The emotional distress must be severe enough to cause physical symptoms such as headaches, stomach pains, or other physical ailments.
3. The emotional distress was caused by the defendant’s actions.
The victim must prove that the emotional distress was caused by the defendant’s actions and that it would not have occurred without their actions.
Conclusion
Personal injuries can have long-lasting effects on the victim, both physically and emotionally. Emotional distress claims are a common feature of personal injury cases in California, and if you have suffered emotional distress due to someone else’s actions, you may be entitled to recover compensation. To ensure that you recover the damages you are entitled to, it is advisable to consult an experienced personal injury attorney who can guide you through the legal process and ensure that your rights are protected.