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Assessing physical damage after an accident is relatively simple. Wounds, after all, are visible. However, not all wounds can be seen during a physical checkup. What if you have been emotionally wounded? Is there any legal recourse?

The good news is, yes, there are legal solutions to help you. Such cases can be very difficult to prove, but not impossible. 

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 includes the following:

              -Severe emotional distress         

              -Intentional recklessness

              -Extreme or outrageous conduct

              -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 resulting 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 emotional distress cases 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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