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Can You Sue for Emotional Distress After a Personal Injury?

Suffering an injury is rarely a simple physical experience. When a person endures a serious injury, the injury will usually affect his or her mental and emotional state as well. People who sustain an unexpected injury because of another person’s negligence or misconduct may be left with feelings of confusion, anguish, fear, anxiety, depression, and beyond. These experiences have the potential to leave a profound impact on almost every aspect of the victim’s life. If you or someone you love was injured because of another’s actions and have subsequently endured emotional distress, financial compensation may be pursued to help pay for the damages. Speak to a knowledgeable attorney who can assess the validity of your case. The knowledgeable personal injury attorneys at Milligan, Beswick, Levine & Knox, LLP can help.

Milligan, Beswick, Levine & Knox, LLP is exceptionally experienced in handling a wide range of personal injury cases throughout Southern California. With offices located in Redlands and San Bernardino, the firm is situated to help victims of negligent accidents seek compensation for their injuries and damages, including emotional distress. To schedule a complimentary consultation with the firm, consider calling (909) 894-0812 or complete the confidential contact form today.

Emotional Distress in Personal Injury Cases

Emotional injuries are real, and fortunately, the State of California recognizes this and allows affected victims the opportunity to recover from their emotional suffering and mental anguish through a personal injury claim. Although compensation can be sought for emotional distress, there are certain limitations. In most cases, seeking compensation for emotional distress will be part of a larger claim filed as a result of a physical injury. Additionally, there are certain conditions in which a person can successfully file a claim based on emotional distress: The plaintiff witnessed a loved one being physically killed or injured; The plaintiff felt imminent fear for his or her physical safety; The defendant defamed the victim’s character; or The plaintiff developed a disorder as a result of the defendant’s conduct, without being physically injured.

Emotional Distress Following a Physical Injury

Under California’s personal injury laws, when the careless actions of another person result in a victim’s injuries, the victim has the legal right to seek monetary compensation for his or her damages. Based on the facts of the case, this may include the following types of damages:

  1. Economic Damages – This is a form of financial compensation for the victim’s financial losses associated with his or her injury, including, but not limited to: Doctor bills, Hospital stays, Medications, Surgeries, and Loss of income.
  1. Non-Economic Losses – These intangible losses are those that have developed as a consequence of the injuries or accident and can include the following: PTSD, Pain and  uffering, Loss of love and affection, Mental anguish, and Depression.
  1. Punitive Damages – Punitive damages are awarded to the victim when the defendant caused the victim’s injuries as a result of egregious conduct. These damages are meant to punish the defendant for his or her reckless conduct.

Obtain the Compensation You Deserve – Contact an Experienced Attorney Today

Obtaining compensation for emotional distress is possible when the damages were caused as a consequence of another’s negligent actions. Although compensation for emotional distress is usually recovered through a personal injury claim involving a physical injury, there are certain conditions for which restitution can be obtained even in the absence of a physical injury. If you or a loved one has suffered emotional distress after an incident caused by another’s reckless or negligent actions, it is important to obtain the support of a knowledgeable personal injury attorney right away.

The personal injury attorneys at Milligan, Beswick, Levine & Knox, LLP have a reputation for tough litigation and aggressive representation. The firm is committed to helping their clients recover the highest amount of compensation for their damages. To schedule a complimentary consultation with the firm, call (909) 894-0812 today.

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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.