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Emotional Distress Questions

In everyday life there are many things that individuals may to do other individuals that may upset the other individual, and may make them feel like they are emotionally distressed. Can the individual that feel emotionally distressed sue the other individual for emotional distress? An individual may feel that their employer is adding to their workload and over stressing them intentionally, can they sue their employer for emotional distress?

What is emotional distress?

Emotional distress is defined as the anxiety or mental duress that comes as a result of an experience that is saddening, severe, or sudden event. The term emotional distress may be used in tort law in one of two ways: negligent or intentional infliction of emotional distress. Below are answers to questions such as these that have been answered by the Experts.

Can an employee sue an employer for emotional distress?

An individual may try to sue an employer for emotional distress, but the individual may find that it is very difficult to maintain their claim for emotional distress, whether it is negligent or intentional. The reason it may be difficult for the individual to maintain their claim of emotional distress is they will have to prove that their employer either intentionally or by negligence caused the individual emotional distress.

How are the awards for damages from emotional distress calculated?

First for an individual to be able to claim damages from emotional distress, the emotional distress will have to have been so bad as to cause the individual ailments that are physical. These physical ailments will have to proven for damages to be claimed. If the individual is able to prove the emotional distress ailments, then the damages will be based off of the costs of medical treatment. The usual way of calculating damages is a attaching a multiplier to the medical costs. For example the individual incurs $Y for medical costs, then depending on the judgment, the damages could 3 x $, or any other multiplier such as 2x or 6x. The more significant the emotional distress is and the higher the medical costs, then the higher the award will be.

Can a claim of intentional emotional distress stand on its own?

In many cases, a claim of an individual for intentional emotional distress cannot stand on its own in court to recover. For an individual to claim emotional distress in order to recover then the individual will have to be able to show that have suffered either a financial or physical loss to which the emotional distress claim is a supplement to.

Emotional distress is defined as mental duress or anxiety that came to be from an experience that may have been sudden, severe, saddening, or any combination of the three. It is often seen in tort law one of two ways as either intentional infliction of emotional distress or negligent infliction of emotional distress. Emotional distress cannot in and of itself stand alone in regards to recovery. There must also be proof of loss either financially or physically with the emotional distress claim being a supplement to another charge. The way the reward for emotional distress damages works, is that the medical costs incurred are multiplied by a number of times, the multiplier will depend on the facts of each case. Any questions regarding emotional distress or suing for emotional distress can be directed to the Experts.

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Recent Emotional Distress Questions

  • How do I clear my name from a dropped sexault assault case? How

    How do I clear my name from a dropped sexault assault case?
    How do I clear my name from a dropped sexault assault case?
    About 8 months ago, another military member claimed that I had raped her. She claimed that I made advances to her and that she turned me down multiple times until after a night of drinking, I assaulted her while she was sleep. She claimed to have woken up during the assault and that I told her : I'm not wearing any condom, and I just came inside you. Do you like that? and then she claimed to have passed out after that. I was asked to make a statement, which I did. I also took a lie detector test which resulted as "inconclusive. Since then, I've been removed from my workplace, placed on her legal hold status, spent countless dollars traveling to and from my duty station and my house to spend time with my spouse. I've also had a serious nervous breakdown which resulted in an attempted suicide, I've resorted to alcohol and sleeping pills in order to have a "normal" sleep at night, and my appetite is almost nonexistent. Overall this has been my worst nightmare and I fear that I am no longer the person I was a year ago. I'm a complete mess. Just recently, I've been told that the accuser is dropping her case, and wishes to no longer proceed to a trial. Although I'm happy about it, I'm also very upset. I'm upset because I never got a trial and clear my name of the wrong doings that this individual claimed me of doing. I'm also upset that the investigators disregarded crucial facts and evidences that would have pointed her out as a liar. I don't to be another Bill Cosby.
    Do I sue to goverment for malpractice on the case? Or the alledged victim for making false claims?
  • l want to sue direct tv for grievance and emotional distress.

    l want to sue direct tv for grievance and emotional distress. They are running a commercial on tv which directly insults me and my medcal condition. Their commercial has Rob Lowe, portraying a "creepy" Rob Lowe, where he says he can't pee when anybody else is in the room, which they're telling the world that if ya can't pee in public, you're creepy. I suffer from a severe and very real condition, called "Paruresis" which makes it impossible for me to urinate if anyone else is around . This commercial makes fun of me and people like me and insults us andmakes us feel less than a man. I seriously want to pursue legal action against Direct Tv, for defamation of character. Any help would be appreciated. -Bryan J. Toman
  • Hi! I am looking for some information to see if we even have

    Hi!
    I am looking for some information to see if we even have a leg to stand on. We live in DuPage County, Illinois and on August the 18th a woman drove into our house and did major damge. They told us since she was dizzy it was an act of God and we would lose should we decide to sue. The insurance is taking care of (we are hoping) getting our house back to the way it was originally and replacing interior content. I am not a person who would normally sue but this has been a horrendous experiance. It was 11 weeks last Monday and between the mental anguish of 2 gas leaks from the accident, the stress of all the workmen coming into the house, the tarp covering the openings which allows the cold and rain in no matter how well the workers tried to cover it. The hours we missed from work because of this, the tears, frustration and despair. I felt safe and sound when I would go home, a home we have lived in for 45 years, and now that feeling or safety has been shattered. If you could see the pictures it looked like a bomb went off inside, with the brick fireplace in pieces and thrown across the room. My hisbadns Lazy boy chair was thrown accross the room and into the TV, and the pool table nearly went through the glass patio doors. Any infromation you could give me woule be appreciated. I might add that the woman was never ticketed on our***** She drove through three yards before hitting our house and we are 100' off the road. She was not drunk and they said she did not have a cell phone. Any information you might be able to give me or point me in the right direction would be appreciated. Luckily my hisband and I were not home when this happened by a mere 5 minutes. The woman did go to the hospital and was released 2 days later.
    Thank you for your time
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