Is It Possible To Sue For Negligent Infliction of Emotional Distress?

Many accidents cause injuries that lead to significant emotional anguish and distress. The victims are allowed to gain compensation for their emotional suffering through the claim of negligence. If you are confused about whether your injuries and sufferings are worth filing a case for, you should consider talking to an Orlando car accident lawyer

Lawsuit For Emotional Distress 

Many states allow the victims of car accidents to recover their damages, including emotional turmoil, through their compensation claims. The victims, as well as the bystander who saw their loved ones getting injured, can seek compensation to recover the suffering. 

What Comes Under Emotional Distress?

Emotional distress can be defined as the suffering and anguish felt as a result of an accident. It includes feelings of fright, horror, grieving, socks, anxiety, shame, worry, nervousness, etc. 

Proving Emotional Distress 

Proving claims for negligent infliction of emotional distress include whether the person filing the claim was a direct victim or a witness of the same accident. 

Claims By Direct Victims

Suppose you have been injured as a result of an accident. In that case, you are liable for recovering the compensation for negligent infliction of emotional distress by proving that the perpetrator of your injury showed negligence in his conduct and you suffered significant emotional anguish. Along with that, you are also required to prove that the accused individual was substantially negligent and his actions were one of the factors which led to the turmoil experienced by you. 

An accused can be considered negligent when it is proven that he had a legal duty of care that he breached. The breach of duty resulted in a harmful situation, and you were ultimately harmed. 

The Victim Faced Significant Emotional Pain

To seek compensation for emotional distress and pain, it is tested whether a reasonable person can successfully manage the distress resulting from the accident. You don’t have to suffer a physical injury along with emotional suffering to seek compensation for your emotional damages. 

Claims by witnesses or Bystanders 

These claims can be filed if it is proved that the person witnessing the accident faced significant emotional pain by seeing close relatives or loved ones getting injured or dying due to the accident. A similar concept of negligence and breach of duty is applied to determine the defendant’s fault. However, it is essential that the bystander was there at the accident scene when the crash happened and that they had complete sensory awareness of the mishap.

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