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emotional distress :: legal definition


Emotional distress - n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. Recently courts in many states, including New York and California, have recognized a right to an award of money damages for emotional distress without physical injury or contact. In sexual harassment claims, emotional distress can be the major, or even only, harmful result. In most jurisdictions, emotional distress cannot be claimed for breach of contract or other business activity, but can be alleged in cases of libel and slander. Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it.

See also: damages and Related Law Terms ↓


Related Law Terms

child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - E

earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress."
EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report
ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft
embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment