emotional distress | Personal Injury

Ordaz Law, APC, is the law office of severe emotional distress, personal injury lawyer Juan J. Ordaz Jr.  Known throughout the legal community for his dedication and perseverance, Juan J. Ordaz Jr. prides himself on the devotion he dedicates towards the representation of his clients’ injury cases. He is a personal injury attorney focused on excellence and client satisfaction.

Continue to read and learn about severe emotional distress personal injury claims and lawsuits.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

emotional distress, Ordaz Law, APC

Emotional distress | Definition

Emotional distress includes:

  • Suffering;
  • Anguish;
  • Fright;
  • Horror;
  • Nervousness;
  • Grief;
  • Anxiety;
  • Worry;
  • Shock;
  • Humiliation; and
  • Shame.

Severe emotional distress | Definition

Severe emotional distress is not mild or brief. It must be so substantial or long lasting that no reasonable person in our civilized society should be expected to bear it.

Severe emotional distress | Personal Injury

Severe emotional distress personal injury lawsuits may be based on a both intentional and negligent conduct.

Intentional Infliction of emotional distress (IIED)

IIED exists when there is:

  • Extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, mental distress;
  • The plaintiff suffered severe or extreme mental distress; and
  • The defendant’s outrageous conduct caused of the plaintiff’s mental distress

IIED | Outrageous Conduct

A defendant’s conduct is “outrageous” when it is so “extreme as to exceed all bounds of that usually tolerated in a civilized community”.

Also, the defendant’s conduct must be intended to inflict injury or engaged in with the realization that injury will result.

Negligent Infliction of emotional distress (NIED)

NIED allows certain persons to recover damages for mental distress on a negligence cause of action even though they were not otherwise injured or harmed.

Example Scenario 1: Lacey is driving her car with with her 13-year old son, Edmundo, who is seated in the front passenger seat. Lacey and Edmundo are struck by Bennie when he fails to stop for a red light at the intersection of 5th and Laurel in San Diego. Lacey is not hurt but Edmundo suffers a broken collarbone along with neck, shoulder and back injuries requiring medical care. Because Lacey witnessed her son Edmundo get hurt by Bennie’s failure to stop at the intersection, she has a NIED claim against Bennie.

emotional distress, Ordaz Law, APC

Ordaz Law, APC | emotional distress

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County.  We help victims suffering from mental distress injuries which they have suffered in a variety of injury producing incidents.  We believe that it is a necessity to represent people who have sustained these traumatic and debilitating injuries.

Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Sources and Useful Links:

CACI 1600. Intentional Infliction of emotional distress – Essential Factual Elements

CACI 1620. Negligent Infliction of emotional distress – Direct Victim – Essential Factual Elements

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