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Almost all personal injury cases involve physical injury. If you are in an accident and harmed as a result of the negligent action of another person, you may be able to file a personal injury lawsuit. However, sometimes, direct physical injury is not required to bring about a personal injury claim.
The zone of danger
In some cases, if an innocent bystander is in what is called the zone of danger, they may be able to file an emotional distress claim. The zone of danger is the area in which a person is in physical peril as a result of the negligent action of another person.
Negligent infliction of emotional distress
While not accepted by most United States jurisdictions, this form of personal injury is based on the idea that a person has a legal duty not to cause emotional distress to anyone else. If it is found that they negligently caused emotional distress, the victim may be owed monetary damages from the emotionally reckless individual.
The following may be considered examples of negligent infliction of emotional distress:
- A funeral home that improperly disposes of a body
- A family member who observes a child being hurt by the negligence of another person
- A family member who is falsely told that their child has been killed or hurt
- A defendant who knows the whereabouts of the plaintiffs child but refuses to disclose it
The majority of personal injury cases do in fact involve some form of physical personal injury. However, if you believe that you have been emotional hurt as the result of a negligently acting person, contact a personal injury lawyer in Los Angeles at Cavalluzzi & Cavalluzzi and you may be able to receive monetary compensation.
Cavalluzzi & Cavalluzzi
9200 W Sunset Blvd # 807
West Hollywood, CA 90069-3603