It is possible for a person who feels he has suffered emotional distress due to negligence or the intentional actions of another person to sue for damages, according to LegalMatch. Damages in these cases are limited to the severity of the distress as deemed by the court. Some lawyers opt not to take a case solely based on emotional distress issues since these damages are usually relatively minor.Continue Reading
LegalMatch explains that there are two ways to sue for emotional distress. The first is negligent infliction of emotional distress. In this instance, the plaintiff must prove that the person's negligence was so egregious that it resulted in physical symptoms or injury. The second option is intentional infliction of emotional distress. In this case, the plaintiff must prove that the person intentionally acted in an intolerable or completely outrageous manner, which led to severe emotional trauma.
According to the law offices of Jacob B. Smith, it is extremely difficult for plaintiffs to sue successfully for claims of intentional emotional distress. In addition, collecting damages in these cases is even more challenging. The law firm goes on to relate that even if a person succeeds in proving someone caused him great emotional suffering, he is unlikely to prove that the outrageous conduct meets the legal criteria for damages.Learn more about Law
To sue a hospital for malpractice or negligence, find a medical malpractice attorney, and discuss the case, obtain medical records, determine damages and who to sue, and file a complaint with the office of the clerk of the state court. File the case before the time limit set by your state lapses, advises AllLaw.Full Answer >
A defendant handles a negligence claim by presenting evidence that he exercised reasonable care, did not cause the plaintiff's damages, or did not owe a duty to the plaintiff, FindLaw notes. His defense sometimes incorporates the doctrines of comparative negligence, assumption of risk, or contributory negligence, depending upon how the plaintiff contributed to his injury.Full Answer >
If a doctor's negligence caused a disability that resulted in damages to you, including pain, medical expenses, or lost wages or earning capacity, you may have cause to sue the doctor for medical malpractice, according to Nolo. For your suit to be successful, you must prove that a doctor-patient relationship existed between you, that the doctor failed to perform to a standard level of competence, and that it was the doctor's incompetence that caused your injury, states Nolo.Full Answer >
The four essential elements involved in demonstrating dental malpractice are duty, breach, causation and damages, according to LegalMatch. A patient who suffers harm as a result of the incompetence, malice or negligence of a dentist may have a claim for dental malpractice.Full Answer >