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Although emotional distress may not be as tangible as other types of damages, there are still legal actions you can take if someone else has caused you personal suffering. To help you receive the compensation you deserve for mental anguish caused by another, here are a few points to know about emotional distress and how a lawyer can present it in court.

What Is Emotional Distress?

In general, emotional distress is classified as a severely disabling psychological injury—such as fear, humiliation, or despair. Often occurring alongside physical injuries, these damages can be presented in a civil court in an attempt to seek compensation from the offender.

Emotional distress is usually proven through the plaintiff’s testimony, the medical evidence of anguish, or expert witness testimony from a psychological professional.

While every case varies, lawyers aim to demonstrate that another party’s actions caused a significant shift in the victim’s emotional health and that these damages have led to lasting trauma. These actions must have also placed the plaintiff in a “zone of danger”—or within a realistically close range of being physically injured.

What Are the Different Types of Emotional Distress?

Intentional

lawyerIntentional emotional distress is mental anguish that is a result of someone else’s deliberate actions.

This type may apply to people who used racial slurs in public, committed domestic abuse, or falsely imprisoned someone. It could also be used to classify damages resulting from sexual harassment in the workplace.    

Negligent

Even if a person does not cause emotional distress intentionally, they may still be held liable for the damage if the anguish occurred as a result of negligent actions. Simply put, the defendant did not intend to cause harm but did so as a result of reckless choices.   

Negligent emotional distress charges may apply to a drunk driver who caused pain and suffering to others on the road as a result of an accident. Someone might also claim these damages if a defective product caused the loss of a loved one.

 

When someone’s negligent or intentional decisions have caused you emotional distress, you can turn to The Finkelstein Law Firm, PLLC, for compassionate support. Staffed by skilled personal injury attorneys, this Goshen, NY, law office is well-versed in the complexities of emotional distress and what it takes to seek just compensation for related damages. To learn more about how these lawyers can help you seek damage for emotional or physical damages, visit the firm’s website. If you’d like to schedule a consultation, call (845) 294-9003.

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