Solana Beach Lawyer - Emotional Distress Legal Cases
Something you should also be aware of which is a little bit obscure in this legal community is a tort called Negligent Infliction of Emotional Distress. This is a concept that allows you to recover damages for simply witnessing injury to one of your loved ones. So if you're in a car, and your son or your daughter, your mother or your aunt, is with you, and you see that there's an impact and you hear either him or her even say ouch, technically you have not just your old claim for your damages your own pain and suffering but you have a claim of what is called Negligent Infliction of Emotional Distress.
Negligent Infliction of Emotional Distress is recognized in almost all of the states but is very limited in most states. This law stems from something called legal duty. Legal duty demands that all citizens do what they can to avoid inflicting emotional distress to another citizen. If someone is found liable for inflicting emotional distress, they can be found liable for monetary damages. This is not a well-known tort because of the lengths you have to go through in order to prove possible intent. The indefinite parameters in which this tort operates are cause for debate in some legal communities because many lawyers simply don't know how to defend or show support for this claim.
Such instances where Negligent Infliction of Emotional Distress can be found are Duty of Care, Standard of Care, Proximate Cause, Rescue Doctrine, Duty to Rescue, Employment Related, Entrustment and Malpractice- both legal and medical.
It's a little esoteric but in California that when we have these kinds of cases, we make these claims and we get recovery for that. Not everybody knows how lawyers use that and understand it, but we do. I think we go a little deeper sometimes. Again, we're here representing you. We are working for you, it is our only responsibility to maximize the recovery for you. Whether we take a settlement or put your case in front of a jury is up to you. You need to decide how far you want us to take that. But it should give you a peace of mind that we do know some of the ins and outs and some of the other esoteric nuances of the law not everybody does when fighting for damages that are due to you for these traumatic events.
Negligent Infliction of Emotional Distress is recognized in almost all of the states but is very limited in most states. This law stems from something called legal duty. Legal duty demands that all citizens do what they can to avoid inflicting emotional distress to another citizen. If someone is found liable for inflicting emotional distress, they can be found liable for monetary damages. This is not a well-known tort because of the lengths you have to go through in order to prove possible intent. The indefinite parameters in which this tort operates are cause for debate in some legal communities because many lawyers simply don't know how to defend or show support for this claim.
Such instances where Negligent Infliction of Emotional Distress can be found are Duty of Care, Standard of Care, Proximate Cause, Rescue Doctrine, Duty to Rescue, Employment Related, Entrustment and Malpractice- both legal and medical.
It's a little esoteric but in California that when we have these kinds of cases, we make these claims and we get recovery for that. Not everybody knows how lawyers use that and understand it, but we do. I think we go a little deeper sometimes. Again, we're here representing you. We are working for you, it is our only responsibility to maximize the recovery for you. Whether we take a settlement or put your case in front of a jury is up to you. You need to decide how far you want us to take that. But it should give you a peace of mind that we do know some of the ins and outs and some of the other esoteric nuances of the law not everybody does when fighting for damages that are due to you for these traumatic events.
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