Monterey Emotional Distress Attorney
Not all injuries result in physical damage to an individual. Many serious injuries relate solely to a person’s mental health and emotional well-being. These mental and emotional injuries are recognized by the law and widely accepted by the courts. The concept is so well known that there is a legal term specifically assigned to describe it. That term is “emotional distress.”
Individuals who have suffered from emotional distress often have a number of common symptoms. The mental symptoms can include: fear, grief, shame, anxiety, stress, worry, anger, humiliation, embarrassment and depression. The physical symptoms that may result include: illness, headaches, fatigue, fainting, dizzy spells, loss of appetite, inability to sleep, nightmares, sweats, panic attacks, weight loss, easy agitation, withdrawing from friends and family, inability to regulate emotions and loss of motivation.
There are two types of claims for emotional distress. The first is emotional distress caused by another person’s negligent acts or conduct. The second is emotional distress caused by another person’s intentional acts or conduct. Just like an individual, companies, businesses and organizations can be liable for causing a person emotional distress.
Emotional distress caused by another’s negligence generally requires something more than just mental disturbance. To prevail on a claim for emotional distress caused by another’s negligence, one must usually have experienced both a physical symptom and a mental symptom. The physical symptoms that are sufficient to support a negligent emotional distress claim are determined on a case by case basis.
Emotional distress caused by another’s intentional acts does not require a physical symptom. The threshold is lower because the wrongdoer’s actions were intentional and done with the purposeful intent to cause harm. However, the wrongdoer’s conduct must be extreme or outrageous in the opinion of the public. If a wrongdoer is guilty of intentionally causing emotional distress and found liable, the wrongdoer may have to pay additional damages as a punishment. “Punitive damages” is the legal term courts and attorneys use to describe the amounts a wrongdoer must pay as a punishment.
The Piccuta Law Group, LLP has experience handling cases involving both emotional distress and punitive damages. We appreciate how severe and debilitating emotional distress injuries can be. If you believe you have experienced emotional distress, contact an attorney at the Piccuta Law Group, LLP to determine if you have a case. One of our attorneys will discuss your situation with you and provide a consultation at no charge.