Emotional Injuries and Compensation
Posted by Solomon Neuhardt Saturday, 08 August 2009 05:03
We know that victims of physical injuries are entitled to compensation but how many people know that this also applies to those who suffer from emotional injuries as well?
Emotional injuries entitle victims to be duly compensated. This is because emotional injuries are known to cause devastating financial loss and considerable suffering. Emotional injuries, when caused by the actions of others, entitle victims to seek compensation at once.
Causes for Emotional Injuries
A few common causes for emotional injuries are:
- defamation
- slander
- libel
- abuse
- neglect
- stress due to specific events that occurred beyond one’s sphere of influence or control.
Symptoms of Emotional Injuries
The following are some of the symptoms associated with emotional injuries:
- Disturbed mental state or emotions
- Social skills that become impaired
- A feeling of loss of social acceptability or status
- Decrease in work productivity
- Lack of confidence and a general inability to fulfill simple chores or obligations
Emotional distress
This is also an important symptom that is associated with emotional injuries. It comprises several components as listed below:
- grief
- mental agony
- fear
- depression
- physical pain
- humiliation
- embarrassment
Landmark Cases on Emotional Injuries
In Dawson v. Dillon, the Montana court followed the famous California case, Dillon v. Legg. Further, the court adopted the following three factors:
- The shock must be caused from a direct emotional impact of the plaintiff than due to knowing about its occurrence from others afterward.
- The victim and the plaintiff must be closely related and not distantly related.
- The victim suffered serious physical injury or death due to the defendant’s negligence.
To make a successful claim, it has to be proved that the defendant was negligent. To prove the extent to which you suffered emotional injuries and claim compensation, consult with an attorney who specializes in securing compensation for victims of personal and emotional injury cases.
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