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Can I sue for emotional distress in a personal injury case?

The short answer is yes, if you were physically injured. Physical injuries have the potential to cause both physical and mental harm. The law provides a separate element of damages for both types of pain and suffering after a physical injury. Similarly, emotional distress in its own right is compensable in the context of a tort case whether personal physical injuries are involved or not, as long as the defendant’s conduct is intentional or reckless with regard to the emotional well-being of the victim. The availability of emotional distress damages in other situations depends on the facts and circumstances of the particular case and the applicable causes of action.

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Please call (425) 679-0742 or contact The Hornbuckle Firm today to schedule your free nursing home abuse and neglect consultation. The firm has litigated cases in Washington, Tennessee, and Texas. We accept cases from all states across the country.