Any extreme experience can leave physical consequences on an individual. Many of those experiences can also leave mental scars. In other words, they can cause emotional distress. This term refers to any psychological suffering you go through due to someone else’s fault.
This can include everything from panic and depression to self-guilt and suicidal thoughts.
You are eligible for compensation in the court if the guilty party’s action led to emotional distress. If the same caused physical harm then getting compensation for that is even more comfortable than it is typically.
What can lead to emotional distress?
Any intentional or accidental injury can lead to this state. You, as a plaintiff can claim for compensation if you ended up as a victim, or if you end up suffering due to someone’s negligence.
Suing for emotional distress is hard because various state laws place obstacles on the path of an individual that went through mental suffering. This part of the law is highly undefined due to the reluctance of lawmakers to address psychological pain in the same fashion in which they treat physical harm.
In general, the law allows for suing for compensation for mental damage for a small group of people. Those that witness either the death or an injury of a family member are eligible for the money. Those that find themselves as bystanders in the event that causes injury or death are also eligible for this. To be more precise, only those that go through that event while being in a so-called “zone of danger” are eligible. And finally, some people bear witness of family member bodies being mishandled also fall into the group of people who can sue for emotional distress.
How law determines who can sue for emotional distress
Lawmakers are always trying to split people into groups and categorize them according to rules they set. Some categorizations are useful as they prevent illegal activities, while others harm people who need support from anyone that can support them.
This part of the law has examples of both of these. The first example involves a so-called fragile class of people. This class includes pregnant women, elderly people, and children. This means that they are more likely to receive compensation for emotional distress.
On the other hand, the lawmakers created a so-called eggshell plaintiffs class. This class represents people who are sensitive and delicate. They are highly susceptible to emotional distress, and therefore law ensures that they can’t get any compensation for the same which is wrong in many ways.