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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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