Emotional Distress: Bodily Injury Claims In California Law

Emotional distress is a highly unpleasant emotional reaction that can result from the conduct of another person. In California, emotional distress is a category of compensatory damages, meaning that if an individual suffers mental or emotional trauma as a result of someone else's negligence or intentional act, they may be able to seek compensation through a personal injury claim. However, emotional distress damages can be challenging to prove and measure, and courts are often reluctant to permit recovery without sufficient evidence. California law allows for the recovery of damages for negligent or intentional infliction of emotional distress, which can include economic and non-economic losses such as medical bills, lost wages, and pain and suffering.

Emotional distress as a result of physical injury

In California, emotional distress is recognised as a compensable damage in personal injury cases. This means that if an individual can prove that they suffered emotional distress as a result of another party's negligence, they may be able to recover damages. These damages can include economic and non-economic damages, such as bills for psychological counselling, pain and suffering, and loss of enjoyment of life.

To prove emotional distress, individuals may need to provide evidence of psychological symptoms, such as records from therapists or psychologists, medical documentation, and expert testimony. They may also provide their own testimony and the testimony of loved ones, detailing how their life has changed and how they are unable to cope with the mental stress caused by the circumstances.

It is important to note that emotional distress damages can be challenging to prove and measure, and seeking advice from a professional, such as a personal injury attorney, is recommended to establish a valid claim.

Bystander's perception of injury to a close relative

In California, a bystander who has witnessed the injury or death of a close relative can claim damages for the negligent infliction of emotional distress (NIED). This is not an independent cause of action but a basis for damages in a negligence claim.

To establish a claim, the plaintiff must prove the following:

• They were closely related to the victim.
• The defendant's conduct negligently caused injury or death to the victim.
• The plaintiff was present at the scene of the injury and was aware that the victim was being injured.
• The plaintiff suffered severe emotional distress beyond that which would be anticipated in a disinterested witness.

The definition of a "close relative" in California includes a spouse, registered domestic partner, or relative who resides in the same household, as well as parents, siblings, children, and grandparents. Unmarried cohabitants are not considered "close relatives", even if they have a close relationship.

To recover damages, the plaintiff must have been both present at the scene of the incident and aware that it was causing injury to their relative. It is not necessary for the plaintiff to have seen the accident, but they must have been aware, through some sensory means, that their relative was being injured.

In addition to these criteria, other factors that may be considered in determining whether a plaintiff can recover damages include the proximity of the plaintiff to the scene of the accident, the direct emotional impact on the plaintiff, and the relationship between the plaintiff and the victim.

It is important to note that emotional distress damages can be challenging to measure and prove, and courts are often reluctant to permit recovery to avoid encouraging fictitious claims. As such, it is essential for plaintiffs to seek advice from a professional, such as a personal injury attorney, to establish the validity of their claim and navigate the legal process.

Negligent infliction of emotional distress

California law allows individuals to recover damages for the negligent infliction of emotional distress (NIED). This is not an independent cause of action but a basis for damages in a negligence claim. Emotional distress damages can be claimed if the plaintiff was either a direct victim of someone's wrongful act or a bystander who witnessed an injury to a close relative.

Direct Victim Claims

California Civil Jury Instructions (CACI) 1620 outlines the elements of being a direct victim of negligent infliction of emotional distress. To win a lawsuit, the plaintiff must prove the following by a preponderance of the evidence:

• The defendant exhibited negligent conduct.
• As a result of the defendant's negligence, the plaintiff suffered serious emotional distress.

The jury must first determine if the defendant owed the plaintiff a duty of care and, if so, whether the defendant breached that duty through their mishandling of the situation. If the answers are affirmative, the jury must then decide whether a reasonable person, under similar circumstances, would be able to cope with the mental stress caused by the injury.

Bystander Claims

CACI 1621 outlines the elements of negligent infliction of emotional distress for a bystander. To win a lawsuit, the plaintiff must prove the following:

• The plaintiff is or was closely related to the victim.
• The defendant's conduct negligently caused injury or death to the victim.
• The plaintiff was present at the scene of the injury ("zone of danger") when it occurred and was aware that the victim was being injured.
• As a result of the injury, the plaintiff reasonably suffered severe emotional distress beyond what would be anticipated in a disinterested witness.

Damages

Damages for a plaintiff's emotional distress can include both economic and non-economic damages, such as bills for psychological counseling and pain and suffering, including loss of enjoyment of life.

Intentional infliction of emotional distress

In California, you can bring a claim for intentional infliction of emotional distress if someone's conduct causes you to suffer emotional distress and it was done intentionally or with a reckless disregard for its effect. This is when harm is caused deliberately or through extreme recklessness or outrageous conduct.

To prove a claim for intentional infliction of emotional distress in California, you must prove that:

• The defendant's conduct was outrageous.
• The conduct was either reckless or intended to cause emotional distress.
• As a result of the defendant's conduct, you suffered severe emotional distress.

Outrageous conduct is more than just indignities, annoyances, hurt feelings, or bad manners. It is conduct that a reasonable person would regard as falling outside the bounds of decency. Factors that determine whether the defendant's conduct was outrageous include:

• Whether the defendant abused a position of authority or a relationship that gave them the power to affect your interests.
• Whether the defendant knew that you were particularly vulnerable to emotional distress.
• Whether the defendant knew that their conduct would likely result in emotional harm.

You are not required to prove physical injury to recover damages for severe emotional distress. However, damages for emotional distress are often covered in cases in which you have high medical bills, lost wages, lost earning capacity, or other compensatory damages.

In California, you can recover compensatory and punitive damages in cases of recklessness and intentional wrongdoing. You may be eligible for economic damages (e.g. therapy costs, lost wages) and non-economic damages (e.g. pain and suffering, emotional anguish, loss of enjoyment of life).

Proving emotional distress

Emotional distress can be caused by another person's actions, whether accidental or intentional, and can have a severe impact on a person's life. California law recognizes this and allows victims to seek compensation for their suffering. However, proving emotional distress in court can be challenging due to its intangible nature. Here are the steps and requirements to prove emotional distress in California:

Identify the Liable Party

The first step is to identify the party responsible for your emotional distress. This involves determining who had a duty of care towards you and breached that duty, resulting in harm. It is essential to work with an experienced attorney to navigate this process effectively.

Seek Medical or Psychological Treatment

Seeking professional help is crucial for your well-being and your legal case. A diagnosis and documentation of your emotional distress by a medical professional can strengthen your claim. Additionally, treatment can help reduce symptoms and demonstrate the severity of your condition to the court.

Document Symptoms and Impact

Keep detailed records of your symptoms and how they affect your daily life. This includes physical issues such as headaches or insomnia, as well as emotional symptoms like anxiety or depression. Maintaining a journal to document the impact of your distress on your work, relationships, and overall quality of life is also beneficial.

Gather Witness Testimonies

Witness testimonies can provide valuable support for your claim. Friends, family members, coworkers, or even bystanders can offer their accounts to corroborate your story and lend credibility to your claim, strengthening your case in court.

Collect Other Relevant Evidence

In addition to witness testimonies, gather any other relevant evidence to support your claim. This may include photographs, videos, or recordings of the incident, as well as written communications related to the event. The more evidence you can present, the stronger your case will be.

Types of Emotional Distress Claims in California

California law recognizes two primary types of emotional distress claims:

• Negligent Infliction of Emotional Distress (NIED): This occurs when someone's negligent actions cause emotional harm. To prove NIED, you must establish that the defendant was negligent, and their negligence was a substantial factor in causing your serious emotional distress.
• Intentional Infliction of Emotional Distress (IIED): This involves outrageous conduct done intentionally or with reckless disregard, causing emotional distress. To prove IIED, you must demonstrate that the defendant's conduct was outrageous, they intended to cause emotional distress, and their actions resulted in severe emotional distress.

Evidence for Emotional Distress Claims

The evidence required for your claim will depend on the specific circumstances. However, commonly used evidence to prove emotional distress includes:

• Eyewitness testimonies
• Photographic or video evidence
• Medical records
• Journal entries
• Expert testimonies

Damages for Emotional Distress in California

If you successfully prove your emotional distress claim, you may be eligible for various types of damages, including economic and non-economic damages:

• Economic damages: These include quantifiable losses such as therapy costs and lost wages.
• Non-economic damages: These are more subjective but no less significant. They include pain and suffering, emotional anguish, and loss of enjoyment of life.

In conclusion, while proving emotional distress in California can be challenging, following the steps outlined above and seeking legal assistance can help you build a strong case and obtain the compensation you deserve.

Frequently asked questions