Suing for Emotional Distress

Suing for Emotional Distress

Injury accidents can be a source of significant emotional turmoil for individuals who were involved or those who witnessed an accident. Emotional distress can result when a person has been exposed to a very stressful or traumatic event. A car accident can make for a prime example of a personal injury event that can inflict considerable mental pain and suffering. As a result, debilitating emotional distress can adversely impact one’s life. It can lead to missed work and then missed wages, it can disrupt everyday life, it can harm relationships, and more.

Wondering about the ability to sue for emotional distress is a good one. The answer depends on how you sustained emotional distress and your ability to prove the existence and extent of your emotional distress. If you have questions regarding what your rights are after an accident, and if you have grounds to take legal action, you are welcome to speak with a Tampa personal injury attorney at Fulgencio Law to get all of the answers to your questions and for legal representation.

Emotional Distress and Lawsuits

Suing for Emotional Distress It is common for emotional distress damages to be included in a personal injury claim when the accident was caused by negligence. However, in situations where one is not involved in an accident and only witnessed it happening, they may not have sustained physical injuries, but they could have suffered serious emotional distress. 

Suing for emotional distress without physical injuries can be complex but not impossible. This is particularly true when the emotional distress is so pervasive it doesn’t just fade away but instead persists for a long period of time. It is necessary in this situation to obtain compensation that you prove that you have considerable emotional distress and that another party’s reckless actions are the reason why you are suffering from it.

In particular, the zone of danger is the phrase used to describe the area where an imminent threat of harm exists. Anyone who was inside the zone of danger may have a case to make for emotional distress against the party that created the zone. This could be true even when no physical bodily harm is sustained.

For example, let’s say that a mother and a daughter are holding hands, obeying the traffic signals, and walking across a street in a designated crosswalk. You are on the sidewalk behind them, and before you enter the road, a car comes speeding into the intersection and hits the daughter, killing her. You would be considered to be in the zone of danger. Even though you were not directly harmed by the car, seeing such a horrific event can cause you emotional distress that would allow you to sue for compensation. 

Call Fulgencio Law Today

Signs that you may be the victim of emotional distress could include the development of post-traumatic stress disorder, anxiety, or depression. A doctor can correctly diagnose you and prescribe a treatment plan, while a lawyer can help you file your claim.

To learn more, please call Fulgencio Law at (813) 463-0123 to schedule a free consultation with a Tampa personal injury lawyer today.

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