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Emotional Distress: Proving Damages
John R. Abele, Esq.
6" x 9", softbound,
150 pages
2003, Lawyers
and Judges
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Table
of contents
Litigating a case involving emotional
distress damages can be very difficult because many jurisdictions
limit the ways in which these cases can be presented. It is important
for attorneys who handle these cases to understand how courts
in various jurisdictions have ruled in this area and why.
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.
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
Related Books:
Assessing Damages in Injuries and Deaths of Minor
Children
Assessment
of Earning Capacity
Medical and Bioengineering Aspects of Electrical
Injuries
Medical Legal Aspects of Pain
and Suffering
Motorcycle Accident Reconstruction and Litigation,
with CD-ROM
Pedestrian Accident Reconstruction and Litigation
(With VIDEOTAPE)
Structured
Settlements and Periodic Payment Judgments
Valuing Economic Damages in Personal Injury and Wrongful
Death Actions: A Reference Guide
Workplace Injuries
Table
of Contents
Introduction vii
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
Duty
Proximate Cause
Zone of Danger
Foreseeability
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
Pleading
Emotional Distress Damages in a Personal Injury Case
Severity of Emotional Distres
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
Bystanders
Minor as Plaintiff
7. Potential Defendants
Insurance Company as Defendant
Celebrity as Defendant
Police Officer as Defendant
Respondeat Superior Argument
Privileged Communication
Defendant with Animus toward Plaintiff
8. Proof of Emotional Distress Injury
No Physical Injury
Pleadings
Plaintiff's Testimony
Expert Witnesses
Expert Medical Testimony Required
No Medical Experts Required
Family Members
Friends of the Plaintiff
Co-workers
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
About the Author
Index
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