Law

All You Need to Know About Emotional Distress Claims

8/12/2016 Dhanur Chauhan 0 Comments

Thinking about making an emotional distress claim? Before you do, here’s some vital information about the claims process to help you get the justice that you deserve.

Your legal rights

It is your legal right to make a claim if somebody has caused you emotional distress. That somebody can be somebody you know or somebody you do not. As the victim of emotional distress, the law is on your side. However, it will have to be proven beyond all reasonable doubt that a specific person or another entity is responsible for your injuries.

Emotional distress with physical injuries

Most emotional distress claims are an additional component of physical injury claims. The most common emotional distress claims are for anxiety and depression and insomnia. Many people suffer mental stress and discomfort after an accident. The law makes it very clear that it is one’s legal right to compensation under the circumstances, providing the accident in which the claimant was injured was not completely their fault.

Emotional distress without physical injuries

It is possible to make a claim for emotional distress without physical injuries. For example, it is possible to make a claim in the category of ‘emotional distress caused by a bystander’ if you were physically assaulted and berated by a bystander. It may also be possible to make a claim for emotional and psychological abuse. In all cases, it will have to be proven that you have suffered at the hands of somebody else and that your distress is real.

Emotional distress in the workplace

If you have suffered bullying at work or harassment at work and this has caused you stress and discomfort, then you may have an emotional distress claim, providing that it can be proven you suffered at the hands of colleagues, your boss or the company you work or worked for. You should seek expert legal advice under the circumstances.

Calculating compensation

The settlement demand put forward to the other side has to be fair and proportionate to the injuries sustained. The extent of your injuries and how your injuries have and will affect your life will be taken into account when calculating compensation.

In addition to compensation for your injuries, you can also claim any financial expenses or losses related to your injuries. This is known as special damages. For example, if you have had to have time off work due to your emotional distress and you have lost income because of this, then you can claim this back. The same applies for lost benefits or income support.

Find out more about emotional distress claims

To find out more about making an emotional distress claim, visit the following resource: https://www.accidentadvicehelpline.co.uk/blog/can-sue-someone-emotional-distress/.