Can I Sue for Emotional Distress in PA?
If you’ve suffered emotional distress in Pennsylvania, you may be wondering if you can sue for damages. The answer is yes, but there are certain elements that must be proven in order to recover for negligent infliction of emotional distress.
Under Pennsylvania law, a plaintiff must prove one of four elements to recover for negligent infliction of emotional distress: (1) that the defendant had a contractual or fiduciary duty toward him; (2) that the plaintiff suffered a physical impact; (3) that the plaintiff was in a “zone of danger” and at risk of an immediate physical injury; or (4) that the defendant’s conduct was outrageous and extreme.
The first element requires that the defendant had a contractual or fiduciary duty toward the plaintiff. This means that the defendant had a duty to act in the plaintiff’s best interests, such as a doctor-patient relationship or an employer-employee relationship.
The second element requires that the plaintiff suffered a physical impact. This means that the plaintiff suffered a physical injury as a result of the defendant’s negligence. This could include a physical injury such as a broken bone or a psychological injury such as post-traumatic stress disorder.
The third element requires that the plaintiff was in a “zone of danger” and at risk of an immediate physical injury. This means that the plaintiff was in close proximity to the negligent act and was at risk of being injured.
The fourth element requires that the defendant’s conduct was outrageous and extreme. This means that the defendant’s conduct was so outrageous and extreme that it would be considered outrageous and extreme by any reasonable person.
If you believe that you have suffered emotional distress in Pennsylvania, it is important to speak with an experienced attorney to determine if you have a valid claim. An attorney can review the facts of your case and advise you of your legal options.
It is important to remember that the law in Pennsylvania is constantly changing and evolving. If you believe that you have a valid claim for emotional distress, it is important to speak with an experienced attorney as soon as possible to ensure that your rights are protected.
If you have suffered emotional distress in Pennsylvania, contact an experienced attorney today to discuss your legal options. An experienced attorney can review the facts of your case and advise you of your legal rights and options. Don’t wait, contact an experienced attorney today to ensure that your rights are protected.