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 four-year study (European Journal of Preventive Cardiology, June 3) assessed levels of emotional distress in 57,602 people two and 12 months after they suffered heart attacks.
Summary: Washington [USA], April 25 (ANI): Insomnia could primarily be caused by a failing neutralisation of emotional distress, recent findings suggest.
Where plaintiff alleged facts that make it plausible that police officer defendants could have intervened to prevent the use of excessive force, defendants' 12(b)(6) motion to dismiss claims for excessive force and intentional infliction of emotional distress are denied, but a motion to dismiss the conspiracy claim is allowed because plaintiff failed to claim any constitutional deprivation resulted from the alleged conspiracy.
Excess UM/UIM kicks-in to cover this "gap" in insurance and takes care of things like bodily injury, lost wages, pain and suffering and emotional distress - for your insured and any passengers.
Howell said 15 service members who were at the complex when it was bombed could recover for assault, battery and intentional infliction of emotional distress. The judge also said 24 relatives could recover for emotional distress from seeing how the bombing affected their loved ones.
FRIDAY, June 8, 2018 (HealthDay News) -- For prostate cancer survivors, dysfunction due to treatment side effects has a bidirectional association with emotional distress, according to a study published in the June issue of The Journal of Urology.
The Supreme Court Committee on Standard Jury Instructions in Civil Cases submits this new set of instructions to the Florida Standard Jury Instructions in Civil Cases to address tort actions of negligent infliction of emotional distress. Interested parties have until May 15 to submit comments electronically or by mail to the Civil Committee at sjicivil@flcourts.org,to the Chair of the Committee.
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 also dismissed a supervisory liability claim against the city because there was no personal involvement of any city official or policymaker; and dismissed claims of intentional and negligent infliction of emotional distress. Left intact are federal claims of excessive force, false arrest and imprisonment; malicious prosecution, civil rights violations under 42 U.S.
The disappearance of 17-year-old Ica Policarpio was caused by 'deep emotional distress' and not a prank, her family clarified in a statement on Tuesday night.
Also, they have found Oregon youth who, after watching the popular Netflix series "13 Reasons Why," had specific questions about emotional distress, trauma and where to turn for help and support.