Massachusetts Emotional Distress Personal Injuries

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.