In democratic countries, people are given the freedom to speak for their thoughts and express their ideas. There are some cases that this freedom leads to too much talking and expression and can cause emotional distress to people; which can be considered as a form of personal injury.
When you ask your California Personal Injury attorney, there are different classifications of personal injury case in California including emotional distress or intentional infliction. According to lawyers, this kind of case usually happens when a person has encountered threat, assault, and emotional abuse. There are certain basis and procedures before an act should be considered a form of personal injury.
Grounds for Infliction of Emotional Distress
A plain fright alone cannot prove physical injury unless the physical impact of external cause is proven. In courts, it is very important to identify whether the defendant’s human action is intentionally or recklessly acted, if its extreme and outrageous, if the act is the cause of distress, and if the victim suffers from severe emotional distress as a result of the defendant’s action.
Intentionally and recklessly acted.
It is not important that an act should be done intentionally by the defendant because a reckless act that has caused emotional distress to the victim can be considered. In cases like keeping the information by the defendant which had caused distress to the victim can be enough cause for infliction of emotional distress.
Extreme and outrageous doings.
This happens when the act is considered beyond the regulation of being normal like when the defendant knew that the victim is sensitive to something, but still did the human activity, having a relationship with the victim, the defendant used his power, doing the act for many times already, or using the status in life differently.
The act is the cause of distress.
When proven that the action done by the defendant is the cause of extreme distress, then it is considered infliction of emotional distress to the victim.
True suffering of distress.
A simple fright will not be considered emotional distress – not unless it has a great impact to the victim. These are cases like having trauma, nervousness and the like. Result from psychologist check up for instance, or a certain observation should be made in order to prove the severe impact.
When It Usually Happens
Infliction of emotional distress may happen anywhere and anytime. Any action which caused intense emotional impact to a person can be sufficient. Cases like oral defamation or putting someone into shame can be an evidence. Acts like showing guns and threatening somebody to do something can be also considered as grounds.
It is really an advantage when you are aware of your rights and know the nature of law. There are people who are taking advantage of others and using their power to push others to do something. Will you be letting it happen to you? Would you like to be threatened and suffer trauma after witnessing or experiencing an outrageous act from somebody? You must claim for physical injury and seek the help of a lawyer. You can’t just let it pass, especially when it has caused you severe emotional distress.