Massachusetts Personal Injury and Workers' Compensation Law Blog
Emotional distress is a type of injury within Massachusetts personal injury law. Sometimes the emotional distress claim is brought by someone who was injured in a Massachusetts personal injury accident and suffered not only physical injuries, but emotional distress injuries after the accident. Or, sometimes Massachusetts emotional distress claims are brought by a parent who, for example, witnesses his/her son get hurt in a Massachusetts accident. These claims are based on a bystander theory of liability.
There are two kinds of Massachusetts emotional distress claims. Intentional and negligent. For both, it is necessary to show a high level of distress in order to recover on the claim. The conduct of the wrongdoer has to "shock the conscience" of a sensible person. This is a difficult and high standard to meet.
In order to recover on a Massachusetts emotional distress claim, it usually helps if you have gone to see a therapist or other qualified professional. Medical treatment sought and received after the event you claimed caused you the distress can make your Massachusetts emotional distress claim more buoyant.
I invite you to contact me if you think you have experienced emotional distress as a result of a person’s intentional or negligent conduct.