Emotional distress claims might be challenging to prove in court. Things will change in Indiana, as the state’s highest court has expanded the ability to recover damages for emotional distress in personal injury cases. Persons whose lives become disrupted due to the psychological impact of someone’s negligence might recover financial compensation for their losses.
Changing and expanding emotional distress
Previously, Indiana law limited emotional distress claims to a small segment of victims, such as those persons who tragically witnessed a relative’s death. Persons outside the traditional sphere of emotional distress victims might find receiving damages challenging. A 3 -2 decision by the Indiana Supreme Court does open the door a little wider for some claimants. Specifically, the court now allows parents and guardians to seek damages when a child suffers from sexual abuse.
Now, parents and guardians may sue the caretaker to sue for compensation to address the adult’s emotional health. These damages could be in addition to ones sought for direct harm inflicted on the child.
Compensation for emotional distress
The personal injury lawsuit at the center of the Supreme Court case focused on a parent’s mental trauma that affected the child’s care. The affected parent placed the child in a care facility, incurring high costs. The parent sought compensation from the abuser. Although the lower courts did not decide in the parent’s favor, the supreme court did.
Someone suffering from severe emotional distress may also suffer financially after a traumatic event. Anxiety and depression might make earning a living difficult, and life expenses won’t disappear regardless of someone’s tragic situation. A lawsuit judgment or settlement might provide financial support to deal with the situation.