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Emotional Distress: Proving Damages - Lawyers & Judges Publishing Company, Inc.

Emotional Distress: Proving Damages

$ 29.00

  • Author: Jon R. Abele
  • ISBN 10: 1-930056-50-8
  • ISBN 13: 978-1-930056-50-3
  • Copyright Date Ed: October 7, 2003
  • Pages: 152
  • Binding Information: Softbound
  • Size: 6 ✕ 9 Inches (US)

The issue of emotional distress damages has perplexed the law for hundreds of years. While it was admitted that a person had both a physical and an emotional component, only one could be seen and examined. Courts over time have wrestled with these concerns, adopting rules and exceptions to the rules in an attempt to balance the competing interests of the parties, the court, and society in general Emotional Distress--Proving Damages provides a summary of emotional distress cases that have been litigated in jurisdictions throughout the country. You will read about the different categories of emotional distress and which categories are most accepted by courts and jurors. You will also learn about the limitations that the plaintiffs have in claiming emotional distress, such as their relationship to the victim and being in the "zone of danger." After reading this book you will understand why some cases were successful and others failed.

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Topics covered:

  • Basis of emotional distress claim
  • Intentional infliction
  • Negligent infliction of emotional distress
  • Emotional distress as an element in tort,
  • Cause of action,
  • Limitations on emotional distress actions
  • Potential plaintiffs
  • Potential defendants
  • Proof of injury Arguments,
  • Client interview checklist.

Table of Contents

1. Basis of Emotional Distress Claim
Definition of Emotional Distress
Compensable Emotional Distress
Normal Stress
Judicial Dislike of Emotional Distress Claim
Negligent versus Intentional Infliction of Emotional Distress
Parasitic Damages
Pleading Emotional Distress Claim
Emotional Distress as an Element of Damages in a Personal Injury Case
Emotional Distress as an Element of Damages in a Property Damage Case
Emotional Distress in Breach of Contract Case
Distinction from Pain and Suffering Claim
Distinction from Loss of Enjoyment of Life
Distinction from Loss of Future Earning Capacity
Pre-Impact Fright Statute of Limitations

2. Intentional Infliction of Emotional Distress
Prima Facie Case
Proof of Intent
Intentional, Not Outrageous
No Intent to Cause Emotional Distress
Proximate Cause
Destruction of Personal Property
Injury to Pets
Cause of Action Checklist

3. Negligent Infliction of Emotional Distress
Prima Facie Case
No Recognition of Tort of Negligent Infliction of Emotional Distress
Proximate Cause
Zone of Danger
Contemporaneous Perception of Accident and Injury
Window of Anxiety
Cause of Action Checklist

4. Parasitic Damages
Emotional Distress as an Element of Damages in a Tort Cause of Action
Limitations on Damages Award
Emotional Distress Damages in a Personal Injury Case
Severity of Emotional Distress 
Proximate Cause
Emotional Distress in a Property Damage Case
Emotional Distress Damages in a Products Liability Case
Emotional Distress in a Wrongful Death Case
Defendant's Duty to Avoid Causing Emotional Distress
Legal Malpractice

5. Limitations on Emotional Distress Action
Impact Rule
Direct Involvement
Physical Manifestation Rule
Zone of Danger Test
Contemporaneous Sensory Perception of Accident

6. Potential Plaintiffs
Plaintiff's Standing
Sympathetic Plaintiff
Minor as Plaintiff

7. Potential Defendants
Insurance Company as Defendant
Celebrity as Defendant
Police Officer as Defendant
Respondent Superior Argument
Privileged Communication
Defendant with Animus toward Plaintiff

8. Proof of Emotional Distress Injury
No Physical Injury
Plaintiff's Testimony
Expert Witnesses
Expert Medical Testimony Required
No Medical Experts Required
Family Members
Friends of the Plaintiff
No Corroborating Evidence
Amount of Recovery

9. Arguments
No Recovery for Emotional Injuries
No Cause of Action
Mere Trifles
No Recovery without a Physical Injury
Somatoform Disorder
Fraudulent Claims
Flood of Litigation
Difficulty of Proving Cause of Injury

Appendix. Client Interview Checklist
Table of Cases

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