Personal injury is a term used mostly by lawyers to refer to injury to the body, emotion, or mind of a victim. There are many types of personal injury. Examples are an injury caused by traffic accidents, accidents at work or home, assault claims and many more. In this kind of situation, the offender is liable to a lawsuit.
However, sometimes, people are confused about the difference between personal injury and emotional distress.
To make things clear, emotional distress is a component of personal injury. In other words, emotional distress falls under a personal injury case. Going back to the definition, personal injury refers to injury to the body, emotion, or mind of a victim. Emotional distress falls under injury to a person’s emotion.
There are two types of emotional distress. One is negligent infliction, and the other is intentional infliction. Negligent infliction is the term used when the offender showed a negligent behavior that caused the victim to feel emotionally distressed. For example, if you see your loved one killed by a reckless person in a terrible accident and caused your emotional issues afterwards, it is negligent infliction. On the other hand, intentional infliction is the term used when the offender showed bad behavior that caused emotional distress to the victim. As an example, when someone attempts to kill you, and you suffered emotional stress afterwards, it is intentional infliction.
There are cases when a physical injury, another component of personal injury, can lead to emotional distress. If you are experiencing anxiety, paranoia, and sleeplessness due to physical harm, this can be considered emotional distress caused by physical injury.
For you to know if the physical injury causes emotional distress, it would help if you keep a record of your symptoms. To put it in another way, examine the physical symptoms you have like having bruises or muscle pain. If these symptoms cause you sleepless nights and extreme anxiety, note it down because you may be able to use this data when you talk to your lawyer. For example, if you are a battered wife and the physical injury you have led to emotional distress, take note of it in a record book, and use this information when it is time for you to file a legal case. If possible, consult a doctor as well to confirm if your physical symptoms cause your emotional distress. Get medical records as possible. You can use this document to substantiate your claim.
This kind of situation should never be ignored. In fact, it is an extreme case, and it is crucial that you talk to your lawyer as soon as possible. File your complaint before the symptoms go away. Seek legal advice so that you can know the right approach to deal with your situation.
Being knowledgeable about this kind of situation is important. Never allow yourself to be a victim of personal injury. Fight for your rights and never allow yourself to be abused by another person. If you feel that you are violated, seek legal advice.