Written by attorney Rodney Mesriani

Claiming for Emotional Distress Damages due to Personal Injury in California

One of the most unique facets of personal injury cases is the compensation for emotional distress. Pursuant to tort law, personal injury victims may be entitled to emotional distress damages depending on the nature of the case. Although it is easy to presume emotional affliction, proving it legally is never an easy task. There are particular factors one needs to affirm in order to become eligible for emotional distress-related compensations. In comparison with recoverable economic damages, emotional distress payment is relatively more difficult to obtain. If you are intending to claim for emotional distress compensations due to personal injury accident in California, then it is imperative for you to learn the basic principles of this legal concept. Understanding the Basics of Emotional Distress Damages in California Generally, personal injury accident victims who have sustained emotional anguish or affliction due to the incident may be eligible for emotional distress damages. Additionally, the negligent person who caused the distress may be held liable for the suffering of the victim thus he or she may be legally required to provide for the compensations. Common factors resulting in emotional distress due to personal injury accident: • Mental anguish or agony • Depression • Humiliation • Grief • Embarrassment • Fear

Two Types of Emotional Distress 1. Emotional distress due to a person’s negligent action This form of emotional affliction is generally caused by physical injury due to a person’s negligent action. In order for the victim to successfully claim for emotional damages on this kind of setup, he or she must prove that the liable party’s action prompted to his or her emotional distress. 2. Emotional distress due to a person’s intentional infliction When a person’s intentional and reckless action causes a person to suffer from emotional distress, the victim may be eligible to claim for damages. Factors needed to be proven by the victim include direct correlation between the wrongdoer’s action and the emotional distress sustained and the severity of the distress incurred. Legal Assistance for Emotion Distress Damages Claims Although claiming for emotional distress damages is relatively difficult to accomplish, there are certain ways victims may do in order to strengthen their chances of successfully obtaining compensations. One of the most convenient ways to do this is to seek expert assistance from a legal professional. In California, obtaining help from a Santa Monica personal injury attorney may be considered in order efficiently claim for emotional distress damages.

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