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Monday, July 7, 2014

Why Emotional Pain is Good Ammunition for a Personal Injury Lawsuit

Did you know that there are at least a million lawyers in the U.S? It's no wonder that there are over 500,000 Federal Court tort cases in America every year.

These lawyers specialize in various fields, such as criminal law, environmental law, and personal injury law, to name just a few. Accident lawyers and personal injury lawyers could be some of the most active attorneys in the country, as these torts are one of the most common filings in the U.S.

Personal injury lawsuits are typically filed by a victim of an accident that caused bodily injury. But what people don't realize is that emotional pain, as a result of negligence or intentional acts, can also warrant a personal injury compensation claim.

According to one legal website, if a victim does experience severe emotional distress or suffering at the hands of a company or individual, he or she may have a decent case against them.

Here are the two different kinds of emotional distress that can be claimed during personal injury cases.

  1. Negligence.In order to win a case based on negligence, the distress a client feels has to result directly from the actions of the defendant. The client will also have to show how the emotional suffering is tied directly to negligent acts. In addition, there should be a degree of physical suffering as well. 
  2. Intentional. As the name suggests, the wrongdoer must have intentionally caused the client emotional pain. The distress must be severe to strengthen the case, and the client should be able to establish a connection between the action and the emotional suffering. The case will not be successful if the distress is not extreme. 

Despite these possibilities, accident lawyers and personal injury lawyers are hesitant to file a claim or pursue a lawsuit that is only based on emotional pain. The reason for this is that the settlement for these cases is relatively insignificant.

But if you feel as if you have been wronged, don't discount your emotional suffering. As long as you have enough evidence for your case, you may have a shot at receiving fair compensation.