FREQUENTLY ASKED QUESTIONS

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.