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.
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. Bystanders or individuals who personally experienced the emotional trauma, along with their relatives, may be able to assert a civil lawsuit alleging emotional distress.
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 Junesome 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.
As noted above, emotional distress cases are tricky, due to the nature of having to prove an injury that you cannot physically see like chronic anxiety versus a broken leg Therefore, cases in which emotional distress damages are claimed must be backed by solid documentation that will prove to the court that you have suffered actual damages.
This means that the use of expert witness is often necessary to help prove to a court that you both suffered an actual injury and the amount of damages that resulted from that injury. Because of the use of expert witnesses, suing for emotional distress is often very expensive. However, if you have a valid claim for severe emotional distress, a personal injury attorney may take your case on a contingency fee basis, which will save you from having to pay high case fees yourself.
In addition to the numerous amount of evidence you must have to prove damages, you must also be able to prove the other elements of an emotional distress claim. This means you must prove that the incident that caused the emotional distress was due to the intentional or reckless acts of a person who acted with extreme or outrageous conduct, and it resulted in your suffering of severe emotional distress.
Outrageous conduct means more than mere insults, threats, annoyances, or petty oppressions. For example, someone shouting at you that they hope you die would not result in a valid claim of emotional distress, but someone falsely informing you that your child or a close family member had been killed may.
Compensation For Emotional Distress: What Are Your Rights?
This means that often in order to recover for emotional distress, you must either be directly injured yourself or you were also in danger of physical injury.
For example, if you were in a car wreck with your family due to the negligent driving of a drunk personyou may be able to recover for the emotional distress you suffered from both your physical injuries and injuries to your family. Another example is where a drunk driver drives onto a sidewalk and hits a child walking with their family.Geography news canada models
In that case, the family members, who were also in danger of being physically injured by the driver, may recover for the emotional distress that they suffered. A typical statute of limitations period for most claims of negligent or intentional infliction of emotional distress is two years from the date of injury.
As noted above, there are two main types of emotional distress claims. The different types of claims available for emotional distress include:. As can be seen, proving an emotional distress claim is often a difficult matter, especially where you do not also have a physical injury. Further, emotional distress cases are often very expensive to bring, due to the nature of having to hire expert witnesses, such as a therapist, doctor, or psychologist to prove the extent of your injuries and the amount of money needed to allow for a proper recovery.
Additionally, state laws will vary as to what will be required to properly prove a claim for emotional distress. For all of these reasons, consulting with a well qualified and knowledgeable personal injury attorney may be in your best interests. An experienced personal injury attorney will help evaluate your case, build evidence to prove your injuries, hire expert witnesses, represent you in court, and even may take you case on a contingency fee basis to help you with the hire case fees associated with cases involving claims for emotional distress.
Travis earned his J. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality.
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How is emotional distress defined in the eyes of the law? In most cases, you can only sue for emotional damages if the incident in question physically harmed you. Emotional distress suits are trickier than other types of lawsuits. Talk to your doctor about how your injury affects your emotional state, and get copies of your medical records so you can show how your health has changed.
Bring this information with you when you speak to a lawyer so they can help you determine whether you have a case. For tips from our law reviewer on how to file your complaint, keep reading! Did this summary help you?
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How Much Compensation For Police Negligence Or Misconduct?
Emotional distress is categorized according to the intent of the person or company responsible for inflicting harm.
There are two types of emotional distress. These include negligent infliction of emotional distress and intentional infliction of emotional distress.
Negligent infliction: The responsible party exhibited negligent behavior that caused distress. Intentional infliction: The responsible party demonstrated outrageous behavior that caused distress. Determine if emotional distress was negligently inflicted.Under certain circumstances, victims can pursue financial compensation for losses related to emotional damage through a lawsuit. When a victim sues for emotional damages, he is pursuing financial compensation for the emotional injury he experienced as a direct result of the distress.
For example, a victim who suffered severe injuries in a car accident might develop anxiety about driving, which can lead to lowered productivity from having to rely on coworkers to get to work, as well as result in a reduced quality of life. The compensation the victim recovers through the lawsuit may be used to cover the cost of receiving appropriate mental health care to recover from anxiety.
Suing for emotional damages is not an option for every person who has been damaged by someone else's actions. You must have grounds to sue for emotional distress to recover financial compensation for the related losses you suffer. Grounds for emotional distress are quantifiable losses the victim can prove to the court. A few examples include:. Many different types of incidents can lead to emotional distress. These include, but are not limited to:.
In others, like car accidents and dog bites, the physical injury the victim suffers is the primary cause of emotional trauma. A victim can suffer emotional distress as the direct result of another person's negligent behavior.What to Expect from a Wrongful Termination Lawsuit
When this happens, the victim may pursue compensation through a negligent infliction of emotional distress NIED claim. This is a type of legal claim through which a victim may pursue financial compensation for emotional damage even if she did not suffer a physical injury.
The rules for NIEDs vary from state to state. In some states, if the defendant's negligent actions caused the plaintiff to suffer an impact, the plaintiff might have an NIED claim. In other states, the plaintiff being close enough to the defendant's actions to potentially suffer harm is enough to render a claim valid. In most states, the defendant must have been able to reasonably predict that his actions could harm another person in order for an emotional distress claim to lead to compensation for the victim.
In every state, the defendant must be shown to have acted negligently, that is, without exercising the care that a reasonably prudent person would exercise in that situation. With this type of claim, the plaintiff must prove that the defendant intended to cause him emotional trauma through outlandish, violent or otherwise irrational behavior, and that he did, in fact, cause such trauma.
With a civil claim, the burden of proof for determining whether an action actually did happen is lower than it is in a criminal case. This evidence includes:. In any emotional distress damages claim, the onus is on the claimant to prove that she suffered quantifiable emotional harm because of the defendant's actions.
Successfully demonstrating this can be difficult. Any legal consultation about how to sue for emotional distress should involve discussion of the evidence the claimant must provide to be successful and the likelihood of recovering compensation based on her case's strength. How to sue for emotional damage is not always as straightforward or easy to understand as suing for other damages. Many victims are unsure of how to sue for emotional distress. The most effective way to determine whether you have grounds for an emotional distress claim is to discuss your case in detail with an experienced lawyer.
Lindsay Kramer is a freelance writer and editor who has been working in the legal niche since Her primary focus areas within this niche are family law and personal injury law.
Lindsay works closely with a few legal marketing agencies, providing blog posts, website content and marketing materials to law firms across the United States. Reviewed by: Rebecca K. McDowell, J. There are different types of emotional distress a victim can suffer, including:. Depression Anxiety Phobia Grief.
Worsened physical health. Reduced productivity or a complete inability to work.Many people are aware that someone who is seriously injured, or worse, can recover damages from the entity responsible for their injury. Damages are almost always in the form of financial payments, and personal injury damages typically cover monetary losses or costs associated with the injury. These costs might include hospital or physical therapy bills, lost wages due to time away from work, mechanic fees for fixing a damaged vehicle and so on.
But did you know you might also be entitled to compensation for emotional distress?
What are your rights regarding emotional suffering that you have sustained from either witnessing or being involved in a life-altering injury or tragedy? This includes the very real psychological impact that injuries can carry. If you have sustained injuries from a truck accidentinjuries while on the job or have been injured in some other situation, you might grapple with profound feelings of depression or anger, along with the physical pain and difficulty of your injury and subsequent recovery.
If your injury causes a permanent physical handicap or chronic pain, such as what might result from common construction site injuries or other traumatic workplace accidentsthe effects of dealing with that will be both physical and emotional, and you may deserve compensation for both. If you lose a family member or loved one in a tragic accident, you may also be entitled to compensation for your own emotional distress.
The death of a loved one is a devastating event that causes significant stress in the lives of those left behind. If the death was caused by an accident that could have been avoided, this can provoke overwhelming, ongoing feelings of anger, sadness, helplessness and depression. These feelings certainly have a great personal cost, and they may carry a financial cost as well. Some people must seek counseling or take medication to cope with the intense feelings they experience after a major accident or injury.
Others endure a significant loss of quality of life due to the injury, and may even be rendered unable to work or otherwise function normally—major life changes that can have a profound psychological impact. When a traumatic injury or the loss of a loved one to a tragic accident leads to a medical diagnosis of some type of emotional distressthis may be considered in a personal injury lawsuit as deserving of financial compensation.
Some examples of emotional distress following a traumatic injury or loss of a loved one that could merit compensation in a personal injury lawsuit include a professional diagnosis of:. Sometimes, a diagnosis of a physical condition can serve as further evidence of emotional distress following an accident or injury. Stomach ulcers, chronic headaches and insomnia or other sleep disorders that have developed as a physical manifestation of emotional suffering can all be important considerations in a personal injury lawsuit.
Since emotional distress is a personal and therefore subjective experience, it does not always require a professional diagnosis in order to be considered in a personal injury lawsuit. Even if the injured person has not been diagnosed by a psychologist or medical professional with any of the above well-known diagnoses, the lawsuit can sometimes be settled in their favor, including damages for emotional distress.
Some examples of emotional distress that might not be professionally diagnosed but which might still be included in a personal injury lawsuit include significant, intense and repeated feelings or episodes of:.
Sometimes, emotional distress due to an injury or loss can lead to further, compounded effects later on. An example of this would be a job site accident resulting from oil rig dangers or other on-the-job hazards that causes a worker to lose his hand, which then makes him unable to work. The loss of his limb plus the loss of function and quality of life, in turn, caused depression and substance abuse, which could lead to tension and strain in his marriage, ultimately leading to divorce—which then compounded the emotional impact of the entire situation.
In a personal injury example like this, the accident and injury were the cause of everything that came after, including multiple stages of emotional pain and suffering. An experienced and competent personal injury law attorney can establish this cause-and-effect relationship between the injury and its multiple, compounding emotional effects for the client, and can work to secure much-deserved compensation.
Mental anguish and emotional distress are closely related in the context of a personal injury case. As with emotional pain and suffering, mental anguish refers to conditions including depression, anxiety, fright, grief and other significant emotional trauma.Start My Claim Online.Essaytyper plagiarism against education students vs
However, unfortunately there are some Police officers who abuse their position and may act inappropriately or illegally in connection with their official duties. With the power of mobile devices and social media, people are now able to record and show such acts and Police misconduct cases appear to be on the rise. Police misconduct regulations clearly need to be addressed and measures put into place to reduce the chances of it occurring. There are many types of Police misconduct, and if you feel you have been mistreated, then we can assist you in claiming compensation against the Police.
Read on further for more information Police negligence claims. This guide informs you of everything you need to know regarding suing the Police for negligence including potential compensation payout amounts, what to do if you are a victim of Police misconduct, and how to begin launching your Police misconduct claim. Often this can include instances such as discrimination and obstructions of justice. Police misconduct can range from mild to more severe forms of corrupt behaviour but are all against their moral and legal duties as an officer.
Other examples are they may engage in activities such as Police brutality, assault, intimidation, discrimination, false arrest and imprisonment, witness tampering and many more, all of which can not only be incredibly distressing to the innocent people on the receiving end, and have a lasting impact on their well-being, but can also lead to a miscarriage of justice of some kind.
Police negligence relates to when there is a lack of care, diligence and urgency in their duties which result in mistakes being made and ending with a negative outcome. In some cases, Police negligence can have devastating repercussions that could be avoided if they acted more conscientiously and with more consideration of the situation they are dealing with.
If you are thinking of suing the UK Police for negligence, give us a call and we will help and advise you in any way we can. We have Police negligence solicitors that can work on your claim and get you the Police negligence compensation that you deserve. If you have been the victim of Police misconduct, it is extremely important to take certain steps in order to gather as much evidence as you can to support your compensation claim.
This may include the following :.
Suing For Emotional Distress
Assaulted by the police in the UK? What happens if a Police officer assaults you? Can you sue a Cop for assault? These may be some of the questions you are asking yourself after being a victim of Police misconduct in the UK.Speech marks homework year 2
When we receive your call, we will provide you with a free consultancy session. This will give you the opportunity to ask as many questions as you need regarding making your Police negligence.
Often, brushes with the police can prove very personally affecting. After all, officers are there to ensure that the law is obeyed and that anyone who breaks it is properly investigated and suitably brought to justice. So, whether you fall under the category of victim, suspect or witness — or you are a family member or friend of any of the above, emotions are bound to run high at certain points during your experience.
It is therefore required that the police force treats everyone involved in an investigation with respect and sensitivity.
Officers need to be able to communicate civilly with victims and their families, and to demonstrate that their complaint or report is being taken seriously and investigated correctly.
So what can you do if you feel you have been subject to unfair treatment by the police? That they are being purposefully negligent or even causing you anguish deliberately?
Can you sue the police for emotional distress? If you can prove that a police officer has been reckless in their duty and caused an emotional injury or distress through their own negligence, then there may be an instance where you can raise a case. However, if the court decides that the way in which the police officer conducted themselves was reasonable, then the case may be quashed.
If you wish to sue the police for emotional distress, and believe you have the grounds for a case, then here are a few steps you can take. They will assist you in collecting all relevant evidence for your case, support you throughout the following steps and represent you in court, meaning you are never left to fight your own corner. Nowadays, many people are able to quickly pull out their mobile phone and start filming as soon as they realise an incident is unfolding that may require video evidence that could be helpful in a courtroom.
If you noticed anyone filming your experience, you should try to obtain a copy of that footage. Also, if there were any CCTV cameras in the vicinity of the incident at the time, you should definitely consider contacting the businesses they are connected to and requesting those images too. Remember though, footage is often destroyed after 30 days of it being recorded, so you need to act quickly. If you manage to collect any video or audio evidence of the police officials in question behaving in an unsuitable manner towards you — whether that be verbally or physically — it could really bolster your case, particularly if your subsequent emotional struggles are also well documented.
The statements of witnesses are also extremely valuable, so it is important to ensure that anyone who experienced the incident is happy to report what they saw to the authorities and, if necessary, back you up in a courtroom.
Previously recorded mental health conditions that have resulted from mistreatment by the police include Post Traumatic Stress Disorder, Generalised or Social Anxiety Disorders and many others besides. Of course, due to official medical confidentiality regulations, you are not required to disclose full details of what you have shared with a mental health specialist in therapy sessions — but the timescale of those sessions and the general nature of what was discussed may prove very helpful to you if your case is taken to court.
In fact, calling a therapist or mental health worker as a witness can strengthen your argument, as can asking your family and friends to testify to a change in your personality and behaviour that can be connected directly to the incident or incidents in question.
There are actually a number of places you can turn to file a complaint of emotional distress against the police. The first is, in fact, your local police station. However, many individuals may understandably prefer to avoid discussing the matter with officials there for fear of being ignored, not being believed, or having to relive the distress they went through in an environment where they may possibly run into the perpetrators again.
They are a specialist body that looks into complaints against the police. For legal advice and representation in your case, contact DPP Lawwho have a strong legal team of actions against the police solicitors.
Decide Where to Report the Incident There are actually a number of places you can turn to file a complaint of emotional distress against the police.Super easy to set up and use. Very professional looking too. It is very user-friendly. Great staff is always available to answer any questions you might have.
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