Understanding Emotional Distress Claims in Personal Injury Cases

Understanding emotional distress claims in personal injury cases. Have you been seriously injured in a personal injury accident recently? You may be able to file a lawsuit to recover compensation. It is imperative that you work with an experienced personal injury lawyer as soon as possible. Each case is unique, and you need to work with someone who understands the different components of compensation in your claim.

What is Emotional Distress?

You may be curious about emotional distress, which is also referred to as intentional infliction of emotional distress in your case. This can be an additional component to compensation for medical bills and other expenses associated with the accident, but it requires finesse to gather this information and to present it in a compelling manner to the court. You’ll want to find an attorney who has experience with intentional infliction of emotional anguish as a component of a personal injury claim.

Elements of Proof in Emotional Distress Claims in California

You must prove three elements to be successful with an emotional anguish claim for a personal injury suit in California. You must show that the conduct was outrageous, and that it was either reckless or it was intended to cause you emotional distress, and that you suffered severe emotional issues as a result of the defendant’s conduct. Under California law, emotional distress can include different components such as shock, nervousness, anguish, suffering, anxiety, worry, shame, horror, and fright. Though this must be severe in order to claim severe emotional distress, it should be so disturbing that it has long-lasting impacts or substantial impacts on your daily life.

What is Considered Outrageous Conduct?

Outrageous conduct goes beyond bad manners or simply poor driving habits. It must be considered outrageous if a reasonable person would regard it as falling outside the bounds of basic decency.

The factors courts evaluate when determining whether a defendant’s conduct was outrageous include whether the defendant knew that you were particularly vulnerable to suffering emotional distress, whether the defendant abused a relationship or position of authority that gave them power to impact your interest, and whether the defendant knew that their conduct was likely to lead to emotional harm.

What is Considered Reckless Disregard in California?

To show this element of your claim, you must illustrate that the defendant gave little or no thought to the probable impacts of their conduct, and that they knew that emotional distress would likely occur from their conduct. It is not necessary to prove that the defendant acted in a malicious manner, however, you will need to show that their conduct was outrageous enough without considering probable consequences.

How Do I Recover Emotional Distress Damages?

In order to recover damages for severe emotional distress, you are not required to also have to prove physical injury. Damages for emotional distress in California can include cases in which you may have lost earning capacity, significant medical bills, or lost wages. In cases of intentional wrongdoing or recklessness, you may be able to recover punitive damages as well.

Intentional infliction of emotional distress cases typically occur in cases such as DUI, causing injury or death, manufacturing or distributing of a very dangerous product, excessive use of force, or assault and battery causing great bodily injury. You’ll need to work with a lawyer who is familiar with these kinds of cases and can help you prepare for the most likely success in an emotional distress claim.

Damages in California are typically categorized into non-economic and economic damages. Non-economic damages are more difficult to quantify and are more abstract, but can include loss of enjoyment of life, emotional distress, disfigurement, and pain and suffering, whereas economic damages are your direct financial losses, such as lost wages, medical bills, and property damages.

Do I Really Need a Lawyer for a Car Accident Claim?

It may be tempting to handle things on your own, but whether you’re dealing with critical personal injuries, emotional distress allegations, or both, it’s best to let a lawyer help you gather evidence and submit your claims. You can worry about your medical care to position yourself for recovery while your lawyer handles legal elements of your claim.