emotional distress


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emotional distress

n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. Recently courts in many states, including New York and California, have recognized a right to an award of money damages for emotional distress without physical injury or contact. In sexual harassment claims, emotional distress can be the major, or even only, harmful result. In most jurisdictions, emotional distress cannot be claimed for breach of contract or other business activity, but can be alleged in cases of libel and slander. Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it. (See: damages)

References in periodicals archive ?
The charity supports youngsters experiencing emotional distress by providing a safe environment in which they can meet with their parents following the break-up of relationships.
Telesca dismissed the intentional infliction of emotional distress claim because the claim was being addressed through other aspects of the suit.
Ica disappeared 'out of deep emotional distress,' the family said.
Talking openly and honestly - without judgment - about emotional distress and suicide is strongly encouraged to promote an honest conversation.
Men with higher levels of emotional distress after receiving a diagnosis of low-risk prostate cancer may be more likely to choose more aggressive treatment, a recent study suggests.
Change Direction NH, the newly formed coalition building public awareness around the signs of emotional distress and spreading information about mental health resources, has formed a steering committee made up of political, business and community leaders.
ATLANTA -- Nearly half of 2,100 multiple sclerosis (MS) patients enrolled at baseline in the Sonya Slifka Longitudinal Multiple Sclerosis Study reported experiencing emotional distress, and 9% of those patients reported difficulties with accessing mental health services.
Introduction: Caring for children with oncological and hematological disorders may lead to caregiver emotional distress and caregiver burden; however, little work has examined the relationship between children's symptoms and caregiver's distress and burden.
People self-harm to alleviate deep feelings of emotional distress.
The Article defines a new category of criminal infliction of emotional distress ("CIED") statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying.
30 on school nights, according to a new US study, which also finds those kids tend to perform worse in school and to have greater emotional distress than peers who go to bed earlier.
24 ( ANI ): Insomnia and emotional distress account for much of the work impact of mental health problems like depression and anxiety, a new study has suggested.