How To Get Compensated For Emotional Distress
A negligent act does not have to do physical harm to the person that has been acted upon. It can cause that same individual to experience emotional distress. Indeed, the actions of child predator certainly upset the child that has been exposed to them, and that could happen before the same child suffers any physical harm.
Child predators take advantage of the fact that emotional distress develops fastest in an unfamiliar situation. A small boy or girl might trust an older relative or a friend of the family. Hence that same person might play the role of friend and companion. Once the child’s mind has accepted that assumed role, the same adult can make a move and become a true predator.
At the time of an automobile accident, the unfamiliar nature of the situation can trigger development of emotional distress. For that reason, the injury lawyer for someone that has brought a personal injury claim has good reason to view the harm done to a client’s emotions as a loss that ought to be compensated.
Evidence needed to place harm to a plaintiff’s emotions on the list of losses that deserve to be compensated
The legal system has created a list of 3 elements. At least two of those must be present, if someone intends to charge a defendant as the person that caused a plaintiff’s emotional distress.
• First of all, the defendant’s conduct must have created a situation in which some form of physical contact took place.
• Secondly, the plaintiff must have been placed in a zone of danger. A plaintiff’s fear of imminent injury would show that he or she had been placed in a zone of danger.
• The final element in the list of three is this one: It must be foreseeable that the negligent act would alert the plaintiff to eventual harm to his or her emotions. The court looks for physical symptoms, which are supposed to demonstrate evidence that further harm appeared imminent to the fearful plaintiff.
What sort of physical symptom might prove a plaintiff’s fear?
If a child keeps wetting the bed, or has trouble sleeping, that could be a sign that the same youngster experienced emotional distress, following involvement in a car accident.
Can only the participants in a tragic occurrence suffer the symptoms associated with emotional distress?
No, sometimes a bystander can suffer the same symptoms. The bystander can bring a personal injury claim, by producing evidence of at least 2 of the listed elements. Yet it seems rather unlikely that a bystander could remain safe, while being in close contact with a threatening defendant. So, most plaintiffs produce evidence with the help of ICBC Lawyers in Campbell River for the 2nd and 3rd elements.