Emotional Damages for Personal Injury Victims
When a person is injured seriously in a medical procedure, a pedestrian accident, a dog attack or any other personal injury there is generally physical damages. In addition, or in place of physical damages, an injured person may suffer emotional distress or emotional damages. In the past claims for emotional distress were only applicable when there were also physical injuries, but in recent years emotional damage is a claim which stands alone.
There are two forms of emotional distress one may bring in a California court. The first type of emotional distress is negligent infliction of emotional distress and the second is the intentional infliction of emotional distress. When a person’s negligence causes the emotional distress to another it is considered the negligent infliction of emotional distress. However, when a reckless person intentionally causes harm to another, it is the second type known as intentional infliction of emotional distress.