Introduction
In the previous article, we mentioned the definition of emotional distress and how to determine emotional distress in law, and also gave some simple cases for better analysis. In this issue, we will further list some emotional distress cases won in order to get some inspiration from them and summarize some ways for parties to better protect their rights in emotional distress cases.
A brief description of Emotional distress cases won
The first emotional distress cases won were also very distressing. The background of the case is that in January 2020, Kobe Bryant died in an accidental helicopter crash. After the incident, the scene of the accident must have been sealed off immediately. However, the Los Angeles police who participated in the rescue a few days later accidentally took photos of the accident scene and the body of the person involved.
It was leaked, which made Kobe’s wife Vanessa very painful. Vanessa later filed a lawsuit against the Los Angeles police for copyright infringement. In August 2020, a jury ruled that the Los Angeles police must pay $16 million in compensation to Kobe’s widow.
Interpretation of emotional distress cases won
- It’s not because Kobe is a celebrity that the amount of compensation is large. Ordinary people can also sue. The compensation has nothing to do with fame, but only to do with the losses you suffered due to emotional distress.
- According to tort law, if someone else’s intentional or negligent behavior causes you to suffer severe mental distress, you can ask the other party to compensate you for the losses you suffered due to your mental distress, including economic losses and non-economic losses.
- In Vanessa’s case, there was also an emotional distress case won, which also lost his wife and daughter in a plane crash. He was awarded US$15 million in compensation. It can also be seen from this that ordinary people’s compensation is not as good as that of celebrities few.
Precautions for emotional distress cases won
Can I sue for compensation if I suffer from mental distress?
Of course not, it needs to reach a certain level.
Mental distress in law is described as an extreme feeling of fear and sadness that can lead to lasting negative effects such as anxiety, depression, and post-traumatic stress disorder. If you are only temporarily upset and upset by someone else’s actions, that is not legal emotional distress. Of course, if you sue in this case, it will not be emotional distress cases won.
Prosecution of someone who unintentionally caused emotional distress?
Legally speaking, causing mental distress to another person, even if unintentional, entails legal liability. Obviously, mental distress caused intentionally can be prosecuted, and so can mental distress caused negligently. For example, if another person causes a traffic accident and the victim suffers severe emotional distress as a result of the loss of a loved one, the victim may sue the person who caused the traffic accident.
However, whether the lawsuit can be won depends on whether the plaintiff has really suffered psychological trauma, and whether the emotional distress is causally related to the defendant. For example, the mental distress caused by the death of a loved one in a traffic accident is likely to become emotional distress cases won.
Can I sue even if there is no actual bodily harm?
It is possible to sue, but it may be difficult to prove because emotional distress without physical harm is difficult to quantify. Mental distress itself is a kind of psychological feeling of oneself, which is difficult for the outside world to judge. Therefore, it is easier to prove mental distress with physical injury or mental distress with physical injury as an important manifestation. For example, a nursing mother cannot breastfeed due to mental distress.
How do you sue someone for causing you emotional distress?
- You need to record how you suffer in your daily life. You can support your claim with medical records, work records, personal diaries, etc. The better you can document your pain, the easier it will be to recover your losses.
- Discuss the case with your attorney. Your attorney will evaluate your documents and help you prepare for legal action.
- With the help of your attorney, file an emotional distress lawsuit against the defendant.
- After filing a lawsuit, both parties need to exchange information. At this point, you can choose to reconcile with the other party. Your attorney will advise you whether to accept the settlement agreement.
- If a settlement cannot be reached, the court will hear the arguments and evidence from both parties and make a decision accordingly.
What evidence can I submit to prove emotional distress?
In addition to the medical records, diaries and other evidence mentioned earlier, the evidence you can also provide includes but is not limited to:
- Testimony from mental health experts;
- physician statements and notes;
- Medications used to treat emotional trauma and their use;
- witness statements;
- Pictures and documentation of physical injuries and severity of accident, etc.
If emotional distress cases won, would it be difficult?
This process does have some challenges. First of all, it is difficult for ordinary people to quantify the symptoms of mental distress. You need to record your mental distress as mentioned above. In addition, you may need to ask expert witnesses to testify about your condition, which takes time and money.
If emotional distress cases win, how to compensate?
Including economic losses and non-economic losses:
Economic loss refers to the actual financial loss suffered by the victim or his or her family. Includes items such as medical bills, lost wages, and property damage.
Non-economic losses are for unclear economic losses. Examples include pain and suffering, loss of companionship, loss of reputation and mental anguish. There is no specific formula for calculating non-economic damages, and each state handles the issue differently.
Conclusion
The above are some emotional distress cases won’t be shared. In contemporary society, everyone is under great pressure. Everyone’s awareness of rights protection is also getting higher and higher. If similar problems of emotional distress occur in daily life, please judge first. If it is just a simple friction between friends or a conflict between neighbors, communicate and resolve it. Solution: A good social environment has a very important impact on our mood.
But when you realize that the emotional distress caused by others has had a very serious impact on you, causing you to suffer for a long time, and even the other party has caused physical damage to you, you must actively protect your rights. The law is always The best weapon to protect yourself.
But no matter how we choose to deal with it, the ultimate goal is to have a good life. So what if there are emotional distress cases won? No amount of money can exchange for the pain and suffering we have experienced!
Finally, I wish you all a happy day!