Meyerkord, Russell & Hergott Articles Compensation for Emotional Distress

Compensation for Emotional Distress

By Meyerkord, Russell,& Hergott  Nov. 15, 2010 4:05p

Emotional distress is one of the types of claims for damages in lawsuits. In the past, damages for emotional distress required that a physical injury be proved in order for them to be recoverable, however, recent case law recognized a right to damages for emotional distress without the presence of actual physical injury. In cases such as sexual harassment, libel, slander, religious persecution and racism, emotional distress may be the main, damaging result.

In order for the prosecution to prove emotional distress, the plaintiff must show that the defendant acted intentionally and/or recklessly; that the defendant's conduct was extreme, outrageous or reprehensible and that the conduct caused severe emotional distress. Case law has revealed that there are a wide variety of circumstances in which damages for emotional distress have been recovered. Naturally, there must be a legitimate action or cause that created such a severe emotional reaction.

Physical Injuries Bring About Emotional Distress

In addition to threats, annoyances, trespassing, harassment, slander, libel or any other type of behavior that may destroy somebody's reputation or make them fear for their safety or their family's safety, severe emotional distress can also be brought about as a result of some type of physical injury. Examples of physical injuries that can in effect, cause emotional distress can be any sort of disfiguring accident that either changes an individual's physical appearance or affects their health or ability to work, all of which cause severe emotional distress. Some common causes of emotional distress are:

  • Auto accidents
  • Motorcycle accidents
  • Medical malpractice
  • Slip and falls
  • Animal attacks
  • Rape
  • Assault and battery
  • Stalking

If you or someone you love has suffered from severe emotional distress due to someone else's negligence or because of their intentional harm towards you, contact a Kansas City emotional distress attorney from Meyerkord, Russell & Hergott. You may be entitled to compensation for damages such as medical expenses, loss of income and pain and suffering that the other party has caused you.


Contact a Kansas City Emotional Distress Lawyer at our firm today for a free case evaluation.

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