Legal Question in Personal Injury in California

Mental damage

Can a law suit be filed aganst a company for mental damages, not severe trama, but enough to make a person anxious at all times due to negleance?


Asked on 1/22/07, 7:00 pm

3 Answers from Attorneys

Patrick Lanius Lanius & Associates

Re: Mental damage

Theoretically yes.

There are causes of action known as Negligent Infliction of Emotional Distress and Intentional Infliction of Emotional Distress. Physical damage is not absolutely necessary to maintain such a claim. The injury is supposed to be serious, but that gets to be definitional.

There are also question of whether this is a guest, invitee, visitor or employee. If the last, it may be a claim reserved to the field of Workers Compensation, unless you [the employer] did not have Workers Compensation Insurance.

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Answered on 1/31/07, 4:21 pm
Terry A. Nelson Nelson & Lawless

Re: Mental damage

Workers Comp provides for such claims, but they are difficult to prove and win, requiring substantial facts and medical evidence.

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Answered on 1/30/07, 3:52 pm
Steven Lynes Lynes & Associates

Re: Mental damage

Assuming the company to which you refer is NOT your employer, California appellate court have significantly limited the ability to recover for "mental damages" as a matter of public policy since it is so difficult to meansure and verify. In short, absent some "special relationship" with the wrongdoer and victim, emotional distress damages are generally recoverable only if coupled/connected with physical injuries or the result of intentionally outrageous conduct causing "extreme" emotional distress. Fear or anxiety about potential personal injury/illness is not enough.

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Answered on 1/30/07, 4:32 pm


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