Steve Roberts Attorney at Law

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Other Injuries

Emotional Damages for Witnessing Accidents

Obviously, there are an unlimited number of ways that a person can be injured. Generally, when someone thinks of injuries they think of physical harm. There are other types of injuries as well, such as emotional distress and the trauma visited upon family members if they witness injury to one of their loved ones.

If family members are in close proximity of an accident and see a loved one injured or killed such that there is a sudden shock by witnessing such events, those family members may have a right to recover damages for the emotional distress they have suffered.

Defamation and Slander

There are other emotional damages as well, such as damages to reputation through defamation or slander.

Often a person may feel they have been damaged or slighted if some remark or rumor has been started about them that they feel is damaging to their character. One of the things these victims need to remember is that unless there are damages, then you have no case. Also, if what was said is true, then you have no case.

In defamation and slander cases, it is very difficult to prove damages. For example, if you are a public figure and a false rumor was started by someone that prohibited you from obtaining a job such as a news anchor person, movie star, or other public figure that was damaged by defamation, then you may perhaps have a very valuable cause of action.

If the only thing that has happened, however, is that you feel embarrassed that people may be gossiping behind your back, etc., and nothing has actually happened to you with regard to your ability to earn income or continue to function, then it would be very difficult to prove a monetary damage that would be compensable by a verdict through a judge or jury. "Hurt feelings" cases are not good bets for litigation.

To be sure about your rights, though, you should set up a free consultation to be sure about your particular concerns and whether you have a case.


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