The Law Offices of Daniel L. Crandall & Associates

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Daniel L. Crandall & Associates

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Can you recover pain and suffering for emotional distress?

We tend to respond to events in different ways. When something positive or exciting happens, we show clear signs of happiness. However, when something negative or sad happens, we exhibit signs of sadness or distress. When these events are more extreme, our emotions can be a very high or a very low. Take for example a fatal car accident. The loss of a loved one is a very traumatic event, causing surviving loved ones to endure much emotional pain.

Can you recover pain and suffering for emotional distress? To begin, one must understand what emotional distress is. This type of pain and suffering is referred to as the physical and emotional distress that one experiences from an accident. Emotional distress is one of these pains and is considered to be when an event causes one to suffer mental harm, humiliation, torment, anxiety, insomnia and depression.

When making a claim for emotional distress, three factors must be proven. First, you must show that the distress endured is more than fleeting. Second, the conduct that caused the distress must have been the conduct of the defendant. Finally, the distressed suffered must be medically significant.

In order to proven that you have suffered emotional distress, five factors are looked at. This includes the intensity of the distress suffered, the duration of the pain, related bodily harm, the underlying cause of you pain and a doctor's note on any psychological symptoms experienced.

The loss of a loved one is one of them most traumatic experiences one could face. It is not only unexpected but is also difficult to process. Thus, surviving loved ones should understand their rights and options in these matters. Filings a wrongful death action could help one hold a negligent party accountable while also helping them secure compensation that could be used to cover losses and damages suffered.

Source: Findlaw.com, "Does Pain and Suffering Include Emotional Distress?" Accessed Dec. 11, 2017

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