Lawyer Referral Service

LRS Blog


Posted by: Maricopa Lawyers on Jan 7, 2016

While physical injuries are what most people think about in regards to lawsuits, emotional damage can also play a part in a case where a person is liable for damage to another. The evolution of the law has produced increasing acceptance of this form of compensation. As of now, damages for emotional harm are routinely recoverable when they occur as a result of physical harm, but there have been cases when the courts have awarded damages, for emotional harm without physical harm.

You may have a personal injury claim for emotional damage:

  • In a case where a physical injury also occurred, emotional damage can also be added as part of the suffering for which you’re entitled to compensation.
  • In a case where the harm was intentional, whether or not you suffered accompanying physical injuries.
  • When the case is so severe as to be considered egregious. Even if you’re only suing for emotional harm, if the defendant’s conduct was extreme and outrageous, you could have a valid case.

What a personal injury lawyer can do for you.

Cases for emotional damage are typically only successful when the type of harm is reasonably expected to befall a reasonably emotional person. This means that those with preconditions to fear or other emotional distress will not usually be able to recover damages. Some courts have also allowed individuals to recover for emotional distress due to exposure to toxic materials, exposure to serious diseases, negligence by hospitals to pregnant women, parents of children who were sexually abused, mishandling the deceased body of a loved one, and others. There have also been successful cases brought by people who witnessed loved ones injured or killed. The law is continually evolving, and an experienced personal injury attorney will help you determine the best course of action.