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Emotional Distress and Legal Remedies | LawCall

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Compensation for physical injuries incurred in a car accident, or most any other type of accident is usually fairly easy to assess. But what if you’re the victim of an accident and you have no physical injuries? Or maybe even worse, you suffer emotional distress at the hands of another person.

Not all injuries are visible and apparent; you may be injured mentally or emotionally, and there are no outward signs. However, you’re suffering with debilitating anxiety and nightmares. Do you have any legal recourse?

The good news is, yes, there are legal solutions to help you. While these cases are very hard to prove, it can be done.

Intentional infliction of abuse will vary under states’ laws, but usually include the following:

-Severe emotional distress

-Intentional recklessness

-Extreme or outrageous conduct; and

-Bodily harm

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.

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.

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.

If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.

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