PERSONAL INJURY LITIGATION
Recovery For Your Injuries
For over 25 years, our trial lawyers have been successfully litigating personal injury and wrongful death cases on behalf of injured plaintiffs, their families, and insurers. Our attorneys routinely obtain substantial verdicts at trial and negotiated settlements for our clients.
No matter the circumstances of your injury, we have the experience to bring a strong injury lawsuit against all liable defendants on your behalf.
Verdict won on behalf of worker blinded by exploding battery.
Our attorneys will fight for your recovery in all personal injury matters.
Pain and Suffering in a Personal Injury Case
The most common type of emotional damages are sought in a personal injury case where a plaintiff has suffered a physical injury, such as in a car or truck accident, a product liability case, an intentionally violent act like assault, or any other type of injury that might have caused the plaintiff to seek medical attention and/or miss work. In such cases, the plaintiff can sue for “pain and suffering” damages which are the psychological damages associated with enduring the physical injury. Estimating and proving the full range of pain and suffering damages to the court in a manner that a judge and jury find compelling can be extremely challenging, but this is where an experienced personal injury attorney can be invaluable in making such arguments.
Intentional Infliction of Emotional Distress
Whereas a plaintiff would be required to show a purely physical injury in a regular personal injury case, a plaintiff who has not necessarily suffered a physical injury can sue a defendant for psychological damages in an intentional infliction of emotional distress claim. In order to win such a claim, a plaintiff needs to prove that:
The defendant engaged in “outrageous conduct”
The defendant intended to cause emotional distress or acted with reckless disregard of the possibility of emotional distress occurring
The plaintiff has suffered emotional distress
Courts are generally more likely to find a valid claim for intentional infliction of emotional distress where the defendant’s conduct is particularly outrageous.
Negligent Infliction of Emotional Distress
California courts can also award damages for emotional distress where the defendant acted negligently and a plaintiff suffered “serious emotional distress” as a result. The types of emotional distress that a court would look for include “suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame,” and the courts have stated that, “Serious emotional distress exists if an ordinary, reasonable person would be unable to cope with it.”
Experienced Los Angeles Litigators For Your Emotional / Psychological Damage Claim
At the McElfish Law Firm, our trial lawyers have been successfully litigating personal injury and emotional distress claims on behalf of injured plaintiffs, their families, and insurers for over 25 years. Our attorneys routinely obtain substantial verdicts at trial and negotiated settlements for our clients. Contact us today to schedule a free consultation to discuss your claim. [/one_half_last]