When emotional distress counts as a personal injury
When we think of personal injury, physical injuries often come to mind. However, not all injuries are visible or manifest physically. Emotional distress is a significant, albeit less visible, impact of many personal and legal conflicts. Understanding when emotional distress qualifies as a personal injury is crucial, particularly in legal contexts where compensation for such damages may be pursued.
At The Johnson Firm, our Lake Charles personal injury lawyers recognize the profound effects emotional distress can have on our clients’ lives. This blog explores the conditions under which emotional distress is considered a personal injury and how it can be addressed legally in Louisiana.
Is emotional distress considered a personal injury?
Yes, in legal terms, emotional distress is often considered a form of personal injury. It refers to the non-physical damage a person might suffer due to an incident or a series of events. This can include suffering from anxiety, depression, trauma, or other emotional responses triggered by wrongful acts or negligence.
Understanding emotional distress within the legal framework
Under Louisiana law, emotional distress is recognized and can be actionable under certain circumstances. Specifically, emotional distress becomes a compensable personal injury when it is caused by someone else’s negligence or intentional act, particularly if it leads to physical symptoms or if it stems from a particularly shocking event. Louisiana’s key statutes and legal precedents consider the intensity and duration of emotional distress as part of personal injury claims.
When does emotional distress qualify for compensation?
Emotional distress from negligence
To claim damages for emotional distress caused by negligence, it must be shown that the distress was a foreseeable consequence of the negligent act. This often requires demonstrating that the emotional distress was accompanied by physical injury, but this is not always a necessity. For example, in car accident cases or incidents of medical malpractice, the emotional fallout can sometimes be profound enough to warrant compensation, even in the absence of physical harm.
Emotional distress from intentional acts
Claims for emotional distress are more straightforward when they result from intentional acts such as assault or defamation. In such cases, the distress itself is often the direct target of the act, making it easier to prove and justify in a court of law. For instance, victims of harassment or defamation typically experience significant emotional upheaval directly attributable to the actions of the perpetrator.
How The Johnson Firm handles emotional distress in personal injury cases
At The Johnson Firm, our approach to cases involving emotional distress is comprehensive and empathetic:
- Thorough evaluation: We start by thoroughly evaluating the extent of emotional distress and its impact on your life. This involves detailed discussions with you and, often, consultations with psychological experts.
- Documentation and evidence: We help document symptoms and impacts, gathering necessary medical records, expert opinions, and personal accounts that demonstrate the severity of your distress.
- Legal advocacy: Our attorneys are skilled at articulating the connection between the wrongful act and the emotional distress it caused, effectively advocating for recognizing these injuries in settlement negotiations or at trial.
Call us now to learn more
At The Johnson Firm, we are committed to ensuring our clients receive legal representation and compassionate support through challenging times. If you believe you have suffered emotional distress due to negligence or an intentional act, reach out to us for a free consultation. We can assess your situation and help determine the best action to seek the compensation you deserve.