We have recovered millions on behalf of accident injury victims.
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.
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.
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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