Does California consider emotional distress a personal injury? Yes. California law permits anyone suffering from it as the result of someone else’s negligent or intentional acts to pursue legal action for compensation.
Your emotional distress and other noneconomic damages could qualify you for compensation; similarly, financial compensation might apply in cases involving accidents that have resulted in emotional trauma.
After being involved in an accident or experiencing injury, consult a lawyer about your legal matter immediately. A good attorney will investigate your claim before working towards reaching a just settlement for you. A key to successful action will be consulting with an experienced, qualified lawyer; one who can explain your legal options and outline any benefits of taking legal steps against those at fault for you.
BOOK A FREE CONSULTATION NOW!
In Hurry? Dial +12-135-960-265 Now!
What Constitutes Personal Injury in California?
Each state in the U.S. has different laws regarding property damage and personal injury; personal injuries encompass any damage done directly or indirectly to individuals such as injuries affecting the mind or emotions.
Personal injury lawsuits provide victims of injuries with recourse for losses caused by others and are intended to hold those accountable. While an injury does not always qualify as legal grounds, filing a personal injury suit might be possible if someone else was responsible for your injuries and you feel this action should be taken.
Accidents and incidents may result in personal injuries through various channels:
- car, truck, and motorcycle collisions
- motorcycle and bicycle crashes
- bicycle and pedestrian incidents
- dog bites;
- drunk driving accidents (DUI);
- slip-and-fall injuries (S&F);
- brain traumas and medical malpractice claims (medal).
What Damages Are Available in Personal Injury Claims?
According to California law, plaintiffs who make personal injury claims may seek punitive damages when defendants act maliciously or with disregard for safety in mind; that means intentional harm was intended by them and no consideration was given towards protecting the safety of plaintiffs or deceived them in some manner.
Punitive damages serve to punish and deter by punishing both the perpetrator and any others who might follow in his footsteps in future actions.
Calculating damages can be one of the more complicated parts of litigation, particularly for first-timers handling personal injury suits. Without prior experience in managing these types of lawsuits, you might not know exactly what compensation is due to you.
What Is Emotional Distress?
Personal injury cases are considered emotional distress by law. When someone hurts another, the victim often experiences it. Suing for damages is common; as is showing its effects. As for how a plaintiff would show it: indescribably painful emotions arise. Until an emotional crisis passes you by, these symptoms include:
- worrying often
- feeling hopeless or overwhelmed
- experiencing difficulty thinking
- memory issues
- easy irritability or anger
- fatigue and unexplained physical discomfort
It may result from injuries sustained through another’s negligence or carelessness, so if this applies to you it would be wise to speak to your physician, who can offer guidance and assist on the path toward healing.
BOOK A FREE CONSULTATION NOW!
In Hurry? Dial +12-135-960-265 Now!
How Can Emotional Distress Affect Me?
Due to emotional distress, simple tasks may become challenging to complete. It affects you by disrupting your sleep routine, changing eating habits, and having mood swings which affect relationships as well as performance issues at school or work.
These detrimental side-effects of personal accidents may compound their losses and increase them further.
What Evidence or Documentation Will I Need to Show Emotional Distress?
Your attorney must present some documentation or proof to demonstrate the losses claimed. To obtain compensation you will require evidence.
Courts often consider several factors when assessing whether an emotional distress claim should receive compensation:
- For how long have emotional and physical symptoms persisted?
- Their intensity and what caused this emotional trauma in the first place?
- Documentary evidence such as medical records or doctor’s notes is required to demonstrate your pain and suffering.
An experienced personal injury lawyer has access to the resources and skills needed to pursue compensation on your behalf for losses sustained.
Does Emotional Distress Include Pain and Suffering?
Many people conflate emotional distress with pain and suffering, both being non-economic losses classified as non-economic losses but differ in terms of intensity and duration.
Pain and suffering result from mental and physical effects caused by injuries sustained in an accident; it occurs as a direct consequence. Both conditions have the power to have devastating repercussions on someone’s relationships and life.
Even though determining exact losses can be challenging, compensation and pain are possible through legal means. Your personal injury lawyer can assist in seeking economic damages to compensate.
What’s the Maximum Compensation I Could Be Eligible for Emotional Distress?
Some states limit how much financial compensation you can recover; California does not cap damages in cases of personal injury and you are entitled to fair compensation no matter the size of your claim.
Medical malpractice stands out as the one exception to this generalization; when healthcare providers cause injury or harm. Just 5% of personal injury lawsuits reach court; most are settled out-of-court before trial takes place. Your personal injury lawyer may attempt to reach an amicable resolution with the defendant or their insurance provider before initiating litigation proceedings against them, however, if negotiations fail they will file suit on your behalf if necessary.
Your attorney will then attempt to reach an amicable resolution through negotiation or trial; most cases settle long before heading into trial proceedings.
Insurance Companies Usually Prefer Settlement Over Going to Court
It’s because trials can be both time and cost-intensive, however when your personal injury lawyer decides a trial would be best, usually, it is for one of three reasons:
- They refused to settle
- When the settlement offer of an opposing party is too low, your chances of victory increase substantially.
- If your lawyer believes your chances are better in court than through mediation or negotiation. With you as their top priority and only looking out for what best serves both you and the court system.
Bottom Line!
Have you been injured due to another’s action or inaction? Filing a personal injury claim could be possible for those injured due to someone else’s negligent acts or inactions, so contact a California Personal Injury Lawyer at Tenina Law immediately to start the road toward compensation and get your life back.
Other Services We Offer:
Don’t hesitate – get in touch with us today and take the first step towards resolving your issues and finding peace of mind.
