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.

Other Recent Articles

Auto Accidents: What are Your Chances?

Driving your car or truck around town, to work, on errands, on weekend or long-term getaways is taken for granted by almost everyone. Yet the moment you sit down in your vehicle and head onto the ...
More Articles »

Defective and Dangerous Drugs

With an ever-growing increase of senior citizens in this country’s population, prescription drugs for every kind of physical malady and disease have become a booming industry.
More Articles »

Facts about Behavioral Changes and Brain Injury

If you or a loved one have suffered a brain injury due to the negligence or carelessness of another or others, there are some important facts regarding behavior changes that you should be aware of.
More Articles »
(816) 221-7555
105 East 5th Street Suite 301
Kansas City, MO 64106

Main Website:
View Website
Contact our office by email or phone instantly by clicking the options below: