If you are injured in an accident, it is fairly easy to diagnose those injuries that are physical in nature. But what if you suffer emotional distress, such as anxiety or depression that were brought on by the accident? Or, if you feel that you are being emotionally abused by another person? Is there legal recourse for these injuries?
Because not all injuries are visible and apparent the challenges in proving these cases are different. And while you may be injured mentally or emotionally, there are usually no outward signs. However, you’re suffering with debilitating anxiety and nightmares, for instance, and there is legal remedy to help you.
Intentional infliction of abuse will vary under states’ laws, but usually include the following:
-Severe emotional distress
-Extreme or outrageous conduct; and
If a situation includes all of these elements, then the person who is held responsible for this behavior is liable for the emotional harm and any bodily harm. In order for the case to rise to the level of extreme or outrageous, the conduct must exceed all bounds of normal decency.
Length and intensity of the emotional abuse will also play a part in your case. If you feel that you’re being emotionally abused, it is a good idea to keep a diary of any interaction with this person. In your notes, include dates and times of conversations and any other incidences between you and the person you believe is causing you harm.
The burden of proof is high on this because you will have to prove intent; in other words, the person accused of the abuse must be proven to have intended you harm.
If you feel that have emotional problems stemming from an accident, or worse yet, emotional abuse, consult our Online Legal Directory to find an attorney in your area.