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What is the "physical injury" aspect of negligent infliction

Customer Question

What is the "physical injury" aspect of negligent infliction of emotional distress? I've read that it's not simply sleepliness or stress related but what exactly needs to happen in order for the charge to apply? Is this charge just for accident victims?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, under Kansas law, there needs to be an actual physical injury, more than simply a physical manifestation of an emotional injury. This means PTSD, anxiety, nausea, headaches, etc. do not qualify. Basically, it means you need to have suffered an injury from a physical accident of some kind, such as a car accident. These are the circumstances to which negligent infliction claims are restricted in Kansas.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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