Ewing Law Group, PC

Ewing Law Group, PC

Being a victim of or witnessing a tragic or distressing event can leave a person with scars that go beyond what the eye can see. Sometimes, these types of injuries can far outlast the physical ones. It has often been asked, “Is emotional distress considered personal injury in California?”

The state of California recognizes that emotional distress is a relevant and important thing to be considered in cases of crime and disaster. However, receiving the appropriate compensation for emotional damages can be tricky, which is why it is important to seek the counsel of an experienced Sacramento personal injury attorney.

How Does California Define Emotional Distress?

The term emotional distress can have a broad meaning when used in legal terms. For this reason, the Judicial Council of California Civil Jury Instructions has defined this term to include, shock, nervousness, anxiety, grief, suffering, worry, shame, anguish, fright, humiliation, and horror. If your experience can be described by any of these examples, there is a possibility that you can receive compensation for that.

Is emotional distress considered personal injury in California?

How Do I Claim Emotional Distress?

In order to claim emotional distress, you must prove the distress that you are experiencing. Medical records, police records, and eyewitness testimony can be helpful evidence. It must also be proven that the defendant’s actions were outrageous and caused more grievous harm than annoyance or hurt feelings would.

Inflicting intentional emotional distress is when an individual’s actions were reckless, and the defendant knew that what they were doing would almost certainly bring harm. The defendant could also be found responsible for emotional distress through negligence but without intent. Claiming emotional distress is possible by showing that you suffered emotionally as a result of one of these two conditions.

Cases Where Emotional Distress Compensation May Be Awarded

Although each case is personal and different, some common cases in which compensation for emotional distress may be awarded include:

These are only a few examples of common cases in which someone may receive compensation for emotional distress. This is not an exhaustive list, and if you believe you may be entitled to emotional distress compensation as the result of another form of crime, it is important to speak with a personal injury attorney.

What Type of Compensation Can I Get?

Compensation is generally divided into punitive or compensatory damages.

How a Personal Injury Lawyer Can Help You

Personal injury lawyers are often equipped to handle a variety of types of cases. For cases concerning emotional distress, their focus is on tort law, which is the area of law dedicated to harm caused by wrongful action. An attorney may be able to help you prove your need for compensation by gathering evidence such as medical files and reports, witness statements from the incident, and information from mental health medical professionals who may shed light on your particular condition.

In addition to helping you get the compensation you deserve, an attorney will also be able to help you navigate the complex legal waters of going to court and completing necessary paperwork. They can help you understand what your rights are and what courses of action you are entitled to take. Sometimes an attorney can even work with the defendant’s team to settle a case before it reaches the courtroom.

FAQs

Q: Does Emotional Distress Fall Under Personal Injury?

A: Emotional distress does fall under the category of personal injury. In any situation where physical harm is inflicted or witnessed, there is a chance that emotional and mental injury has occurred as well. If you can prove liability for the cause of the damage, you may receive compensation.

Q: Can You Sue for Emotional Distress in California?

A: You can sue for emotional distress in California. If you have suffered emotional damage due to the actions of someone else, you can start a claim for compensation. The courts in California officially recognize the seriousness of emotional distress in cases of intentional or negligent infliction. It is wise to enlist the support of a personal injury attorney to help you prove the necessary elements in an emotional distress claim.

Q: How Are Emotional Distress Damages Calculated in California?

A: In California, emotional distress damages are not calculated by any specific standard of measurement. In order to determine emotional distress damages, the court will look at other factors within the case, such as the severity of economic losses, physical damages, and even the intentions of the defendant. Receiving a particular diagnosis in regard to emotional distress can also impact the compensation awarded.

Q: What Is the Cap on Emotional Distress Damages in California?

A: While California does not technically impose a cap specifically for emotional distress damages, there are other specifications about compensation that may affect someone suing for emotional distress. For example, in cases of medical malpractice, a victim is only able to receive up to $250,000 for non-economic damages. For this reason, it is important to ask for the help of an experienced personal injury attorney to ensure you receive the maximum in damages.

Contact Ewing Law Group Today

If you or someone you love has experienced emotional distress because of the actions of someone else, it is important to seek compensation. Emotional damage can be equally or more severe than physical damages. Contact Ewing Law Group today to learn more about how our attorneys can help you get the appropriate compensation that you deserve.

The health and safety of you and your family is likely one of your highest priorities, as it should be. You do all that you can to keep yourself safe, but unfortunately, staying safe is not always within your control. Other people’s decisions can affect your health and safety. When this happens, you have the right to take action and file a claim. You will also need to seek out a Sacramento personal injury attorney.

For victims of an injury that occurred due to someone else’s negligence, personal injury law is on your side. This law allows individuals to receive financial assistance to aid in medical bills and provide support for the pain experienced. A settlement for a personal injury case differs depending on the severity of your injury. To receive a particular settlement amount, there are specifications that must be met.

How Much Can You Sue for in Personal Injury in California?

How much you can sue for in personal injury in California is determined by the extent of your damages. Your compensation should cover the expenses that resulted from your injury, so the more expenses you incurred, the more money you should sue for. There are many things that factor into the total amount. Here are a few things that will affect the settlement:

Consulting with a Sacramento personal injury attorney can help you determine the settlement you deserve based on your circumstances.

Car Accidents

One of the most common personal injury claims is car accidents, as it is relatively common to get into an accident due to a driver’s negligence. These types of accidents can have drastically different outcomes, as some are minor and result in slight injuries such as whiplash. Others result in more serious injuries with life-long effects. The amount of money that you can sue for depends upon the severity of the accident, the events leading up to the accident, and the seriousness of the injury.

On average, the amount sued for car accidents is around $21,000. However, this amount varies depending on your unique circumstances.

Slip and Fall Accidents

This type of injury can be a result of a business owner’s negligence if you have slipped and fallen due to a wet, slippery floor without being warned. This type of injury makes you eligible for suing for personal injury. The outcome of this type of accident also varies greatly, as some falls result in serious injuries. The average amount of slip and fall settlements is between $15,000 and $50,000, depending on the severity of the injuries.

Brain Injuries

Brain injuries are not only traumatic but can also have lifelong adverse effects. If you have experienced a brain injury due to someone else’s negligence or if someone purposely injured you, you have the right to sue for personal injury.

Wrongful Death

A wrongful death claim involves the loss of life due to accidents such as:

With a wrongful death claim, you can receive financial support for funeral services and the loss of your loved one’s income. You can also be reimbursed for any medical bills from the incident. While it won’t resolve the trauma and suffering, you can also be reimbursed for the pain experienced by the deceased after the incident and the emotional trauma you experienced as a result of losing them.

This claim can help hold the defendant responsible while also having them pay for all damages resulting from the death. The amount that you may request for damages may be up to one million dollars in rare cases, but it is dependent upon the factors leading to death.

FAQs

Q: How Much Can I Get for a Personal Injury Settlement in California?

A: In California, you can receive the total of the costs that resulted from your accident in a personal injury settlement. Keep in mind that the settlement amount varies depending on the severity of the accident and your injuries. For minor injuries, you may receive a settlement between $5,000 and $25,000. For a moderate injury, a settlement can be between $25,000 and $100,000. Severe injury settlements can be from $100,000 to $1,000,000.

Q: How Long Do I Have to File a Personal Injury Claim?

A: You have two years after the injury occurred to file a personal injury claim in California. It is suggested that you file as soon as possible, however, because the sooner you file, the more evidence you will have. It may be possible that the defendant will try to pass blame on someone or something else for your injuries if you wait for an extended period of time to file a claim.

Q: How Much Money Should I Ask for in a Settlement?

A: The amount of money you should ask for in a settlement depends on several factors. If your injuries are severe and will take you a considerably long time to recover from, you are able to ask for a higher settlement. Each case involves different circumstances, so it is suggested that you discuss your case with a personal injury attorney to determine a specific settlement amount.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: It can take anywhere from three to twelve months to settle a personal injury case in California. A case will typically move quicker if you have legal representation. There are things that can delay the process, however, such as the severity of the injury requiring medical evaluation, complicated legal issues, and insurance companies determining settlement amounts.

Consult With a Sacramento Personal Injury Attorney

Life is unpredictable, and unfortunately, another person’s negligence can cause you injury. If you have experienced an injury due to someone’s poor decisions, take action and file a claim. Contact Ewing Law Group, PC, where we can do everything possible to protect your rights.

Injuries of any kind can be severe and very disruptive to your overall well-being and day-to-day activities. Accidents happen, but sometimes injuries are the result of someone else’s reckless, negligent, or careless behavior. If your injuries are the result of any of these circumstances, you may have the right to file a claim against those who are responsible.

These types of injuries can be because information has been omitted or because of intentional harm. Any injuries of this type, regardless of their causation, are argued under personal injury law. This specific practice is not criminal but civil because it seeks to gain compensation for financial, physical, or emotional impacts.

Unfortunately, filing civil claims cannot quicken the recovery process, but it can seek to support the collateral impacts of such injuries, including help with medical bills, lost wages from work, and compensation for any pain and suffering you may have experienced.

What is considered personal injury in California?

What Is Considered a Personal Injury in California?

Not every injury is considered a personal injury. There are specific circumstances that qualify an injury to be eligible for a claim. At the same time, there are many injuries that people may incur that are left uninvestigated because they don’t think it is a personal injury.

Common types of personal injury include:

These situations, and many others, are a matter of circumstance as to whether or not they fall under personal injury. Some mitigating factors for certain types of injuries could be considered in a workers’ compensation claim. However, an injury cannot be claimed as both personal injury and workers’ compensation.

Other mitigating circumstances include the victim’s role in the injury. If, for example, a person is walking outside and comes across a dog in a yard. The person instigates the dog, thinking it is safely restrained, but the dog frees itself and bites the person. The victim can be considered to blame for any injuries suffered, which then negates any opportunity for a personal injury claim.

Suppose someone visits a private residence and falls through a faulty railing on the porch. They were not informed of the faulty railing, but the homeowner was aware of it. The victim may be entitled to file a claim against the homeowner for negligence. In this same scenario, if the victim was told that the railing was faulty before leaning on it, they would likely not have a valid personal injury claim.

In any personal injury claim, there is an understanding of reasonableness in terms of notifying someone of potential injury. So, if reasonable attempts were made to warn of the danger, it negates any neglectful responsibility that they have.

Negligence

Negligence is not as cut and dry as it sounds. California has adopted a comparative negligence system. This means that there can be multiple parties responsible for an injury, and each party is only responsible for their share of an injury. Some cases could prove a defendant is 100% responsible for the injury. However, the victim in these claims can also be held partially responsible.

Statute of Limitations

There is a two-year statute of limitations on most personal injury claims. Some claims, such as medical malpractice, are significantly shorter, which is why there is a need for expediency in finding an attorney to help.

Shorter limitations are also in place if the negligent party is a government entity, where personal injury claims must be filed within six months.

However, California does have elements in place to protect the injured, particularly if they don’t realize an injury has occurred right away. Some circumstances allow them to file a claim under extended limitations, which allows them to file up to one year after the injury is discovered.

FAQs

Q: What Is the Difference Between Bodily Injury and Personal Injury in California?

A: Bodily injury is a term used to describe specific insurance coverages that are a part of property, homeowner, and automobile insurance policies that help to financially protect a person if they injure another. Personal injury is the civil claim filed by one person against another person, business, or other entity they feel is negligently responsible for injuries suffered.

Q: What Makes Up a Personal Injury Claim?

A: There are four parts of a personal injury claim that need to be proven. First, establish the presence of duty (there was a responsibility of care). Second, prove there was a breach of that duty. Third, the claimant needs to prove there was physical, emotional, or financial injury. Fourth, there needs to be evidence that the defendant was the cause of the claimant’s injuries.

Q: What Kinds of Injuries Does Personal Injury Law Include?

A: Personal injury claims can be the result of many different types of injuries. Such injuries include those sustained from car accidents, bike accidents, dog bites, manufacturer product malfunctions, construction site injuries, or dangerous slip and falls. These injuries, amongst others, can all be the result of negligent behavior.

Q: How Do I Know If I Have a Personal Injury?

A: One of the first steps in any personal injury case is to make sure you seek medical treatment. Having your injury documented and evaluated by medical professionals will help to establish the presence of an injury and probable cause for how the injury was sustained. In addition, your claim may need to take into account any long-term care that you may need for your injuries.

California Personal Injury Attorney

Personal injury litigation can be complicated because of the circumstances of your claim. If you are injured and feel it is due to the negligence of others, contact Ewing Law Group, PC and let our knowledgeable and experienced attorneys review the details of your case. We can help you get the compensation you may be entitled to.

Personal injury accidents cause serious injury and death in Sacramento and around the country. If your injury could have been prevented with proper care from another person, you may have a personal injury claim. There are several types of personal injury claims that are filed all around the nation. Understanding some common types of personal injury cases may help you understand if you could receive compensation from your claim.

What are the most common types of personal injury cases in California?

  1. Car AccidentsA motor vehicle crash is one of the most common causes of personal injuries in California. Car accidents are common and can happen anywhere. If you were harmed by another driver’s negligence, you likely have a personal injury claim. Auto accidents can occur through rear-end collisions, head-on collisions, and pile-ups and can involve commercial trucks, multiple cars, other vehicles, and pedestrians. They can cause lasting injuries to the spinal cord and brain, most commonly, as well as broken bones. They often lead to death.
  2. Slip and Fall AccidentsThough they sound less serious, slip-and-fall accidents can lead to devastating injuries. Building owners or managers are responsible for the maintenance of property if it’s open to the public. You could be injured if a property owner fails to take adequate care of their property. These accidents could be the result of uneven ground, improper lighting, lack of railings, slippery floors, broken stairwells, or other dangerous conditions. They could occur at apartments, restaurants, hotels, pools, or another property where you were on the premises legally. If the owners fail to take reasonable precautions to prevent your injury, you can hold them liable.
  3. Medical MalpracticeWhile many healthcare professionals uphold their duty of care and strive to provide exceptional medical care, not every medical provider is as reliable. Medical negligence and malpractice refer to mistakes that should have been prevented and other negligent care which leads to patient injury or death. Commonly, this includes negligent surgeries, birth injuries, failure to diagnose, incorrect diagnoses, pharmacy negligence, or unnecessary surgeries.Healthcare professionals have a duty to provide their patients with a standard of care. The standard of care means that healthcare providers must exercise the degree of care of most medical professionals in their situation. If a medical professional made a mistake that was a breach of a standard of care and caused your injury, you have a claim.
  4. Workplace AccidentsMany injuries in the workplace will be filed under workers' compensation, especially if an employer fails to provide a safe environment for employees. However, in some cases, the injury at a workplace is caused by a negligent third party, and a personal injury claim needs to be filed. Badly maintained construction sites can lead to employee injuries, and defective products could also lead to injury for which a third party is liable.
  5. Product LiabilityDefective product claims could result from a manufacturing or design error that caused the injury. It could also result from failure to provide proper safety instructions. Depending on the product, injuries can be very severe. Often, these claims are made against the manufacturer or distributor of the product. These parties have a responsibility to consumers to create safe and non-defective products.
  6. Animals Attacks and Dog BitesCalifornia law would hold dog owners strictly liable for injuries caused by their dogs, even if they had no knowledge that the dog was vicious. Some injuries from dog bites aren't severe enough for personal injury cases, but many serious injuries, including emotional injuries, can be caused after a dog or animal attack.
  7. Construction AccidentsConstruction sites are some of the most dangerous workplaces, and they can also be dangerous for non-employees who are nearby. Heavy building materials and construction equipment can cause severe injuries if not properly maintained. Both employees and non-employees may file personal injury claims for harm.

FAQs

Q: What Are the Most Common Types of Personal Injuries?

A: Common injuries in personal injury claims include broken bones, burns, internal bleeding, and spinal cord injuries, which can create neck and back injuries, disfigurement, and loss of limbs. One of the most severe injuries is a traumatic brain injury, which most often occurs from car accidents or serious slip-and-falls. Post-traumatic stress disorder is a common emotional injury in these claims.

Q: What Is the Average Settlement for a Slip-and-Fall Case in California?

A: A slip-and-fall accident that isn't fatal could result in a settlement from $15,000 to $50,000. This amount depends on the severity of injuries sustained and how permanently they'll affect you. If you had any fault in the accident, this would lower the damages you receive. Your compensation also depends on other factors, including how much income you received prior to the injury and your capacity for work following the injury. An experienced attorney will argue for higher compensation.

Q: What Is the Average Personal Injury Settlement in California?

A: The amount you receive in a settlement depends on a number of factors and could range anywhere from $3,000 to $70,000. The average settlement for a car accident is around $20,000. The more severe and lasting your injuries, the higher settlement you're likely to see. An attorney will be able to argue for a higher settlement, whether through out-of-court negotiation or through a trial.

Q: What Qualifies As Personal Injury in California?

A: If you suffered harm, damages, or death as a result of another person’s negligence or carelessness, you could file a personal injury claim. This type of civil claim is meant to collect damages for physical, mental, or emotional injuries. If you lost a loved one from the carelessness of another, you could file for wrongful death in place of a personal injury claim they would have filed if they had lived.

Ewing Law Group, PC: Your Personal Injury Advocate

Being injured by another party’s negligence is upsetting, and it’s made worse when you have to deal with insurance claims and medical bills. When you file an injury claim, an experienced personal injury attorney is needed for you to receive the most damages. At Ewing Law Group, PC, we provide our clients with personal attention and want to help them receive the compensation they deserve. We provide a quick turnaround and affordable rates and want you to get the most possible to cover the harm done to you. Contact Ewing Law Group, PC with your personal injury case.

Ewing Law Group, PC Logo

Ewing Law Group, PC

© 2024 Ewing Law Group, PC. All Rights Reserved.
Digital Marketing By:
RizeUp Media Logo
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram