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Massachusetts personal injury plaintiffs can recover substantial monetary damages for emotional distress – namely, mental or emotional pain and suffering – if they can show objective corroboration of that pain and suffering. This often means getting a doctor or a coworker to testify about the effects of the emotional distress, but the proof is going to differ depending on the circumstances.
Any physical pain that results from the emotional distress – severe stress, for example, can often cause ulcers, severe migraines and other conditions – is also an element of monetary damages that personal injury plaintiffs can recover.
Third parties who were related or emotionally attached to a Massachusetts personal injury victim or a wrongful death victim can recover for emotional distress under certain conditions. Parents who witness an accident causing death or serious injury to their minor children, or who arrive on the scene shortly after the accident, have been able under Massachusetts law to recover for the emotional trauma and distress resulting from witnessing such a scene. Courts are reluctant, however, to extend emotional distress damages to third parties beyond that specific scenario.
If you think a defendant intentionally caused you emotional distress, you can recover money damages if all of the following are true:
- The defendant’s conduct was extreme and outrageous – in other words, behavior that is utterly intolerable in a civilized society.
- The defendant intended to cause the emotional distress, or knew or should have known that his conduct would likely cause emotional distress.
- The defendant’s conduct actually caused your emotional distress.
- The emotional distress was severe – in other words, no reasonable person would be expected to bear such distress.
The behavior must be fairly egregious for you to recover for intentionally caused emotional distress. Although the conduct doesn’t have to be illegal, death threats are a good example of conduct so heinous as to constitute intentionally caused emotional distress.
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With an experienced team of some of the best Massachusetts personal injury attorneys the Commonwealth of Massachusetts has to offer, our expert lawyers are confident that our handling of your case will exceed your expectations. Our number one goal is to provide you with first rate legal service, while earning your loyalty, trust and respect. Our Boston, MA law office would be honored to represent you, and we would be pleased to provide you with an initial free consultation at a location of your choosing.
Our Boston Accident Lawyer Professionals Are Experts At Maximizing Money Damages, Including Emotional Distress Damages. Call Our Boston Law Office Today at 617-787-3700. Your Needs Are Our Top Priority!
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