June 21, 2024

Which Cases Can Result in Emotional Damage Payouts?

Emotional damage payouts are most commonly seen in personal injury and wrongful death cases. This is due to the fact that someone was seriously injured through the negligence of someone else, or passed away prematurely. In a personal injury case, the individual who was injured is considered to be the party that’s suffering emotional damage, while the surviving family members are the ones who are experiencing pain and suffering. When the injured parities seek help from a wrongful death lawyer, the lawyer will add an amount for pain and suffering among other financial injuries during a claim for compensation.

It’s not unusual, but it is uncommon, to ask for emotional damages in cases where no one was injured or otherwise suffered emotional distress.


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Sometimes a case can have a circumstance that indirectly resulted in pain and suffering. The chances of success vary, and lawyers may not always make an attempt to ask for these kinds of damages. However, when it’s clear that the people involved in the situation have suffered some kind of emotional trauma, a wrongful death lawyer will go ahead and put in an amount to pay for these emotional injuries. While some injuries and losses are permanent, a financial award goes towards making the injured parties whole and makes up for the income that was lost.

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