In most of the cases where the negligence of a single party leaves the other party to suffer from personal injuries, their claims are compensable in the eyes of the law. However, there is still a question about dealing with the emotional trauma and distress a person has to suffer. While the personal injury is visible with broken bones, muscle injuries and other conditions, mental wounds are not seeable but causes more harm. The law has understood the importance of mental health to lead a balanced life, which is why emotional damaged have been deemed to be compensable just as personal injury damages. Below-detailed is everything you need to know about emotional distress.
What Is an Emotional Damage?
Emotional damage is not a single type of damage. It is a complete series of incidents that have caused a person to suffer mentally. Emotional damage is when a person faces psychological harm due to negligent or intentional actions. These damages can be aftermaths of a physical injury such as forgetfulness due to a brain injury or insecurities caused by permanent damage. They can also be a physical reaction after witnessing an emotionally charged incident such as the death of a loved one, murder, or seeing a family member’s medical malpractice that ended up in permanent damage.
What Qualifies as Emotional Distress?
Emotional distress can be crippling because of the anguish, trauma, and mental pain a person goes through. There are a lot of incidents in a person’s life that can leave a mark on their memories. No matter how hard they try, the thoughts and fear related to the thoughts find a home in the subconscious mind and decides never to leave. For example, if a persona has witnessed a murder, or saw someone he loved dying in his arms due to a negligent act, he will never come out of it completely. Whether the act is deliberate or a result of negligence, personal injury lawyers in Manchester can help you get compensated for emotional distress as well. In the eyes of the law, the following are the conditions that qualify as emotional distress:
If a person is showing signs that fall into any of the above-mentioned categories, he or she is suffering from emotional distress as a consequence of negligence. They should be treated as soon as possible because such treatments are often extended. Mental treatments are often more expensive than physical treatments, which is why the law has allowed such victims to claim for compensation from the negligent party.
What to Do for It?
Emotional distress is not tangible, which is why it often gets tricky to prove it in the court. However, if a person has all the proofs related to the incident that caused him emotional distress, his case will be considered. Talk to your lawyer and give him the details of the accident and how your life has been affected because of the negligence of the defendant. If you have witnesses for the accident, it will make the proceeding easier.
William L. Padilla is a creative writer and content strategist from creativecommons. I am a graduate of the University of London. Currently, I write for various websites and working in Bestway Software House. I am interested in topics about self-education, Social writing, motivation and Technology. As a trained writer, I love discovering new ways to use my writing as a tool to further the education of others.