619 Jefferson Highway
Phone: (225) 926-3620
Suite 1-D
Fax: (225) 926-4073
Baton Rouge, Louisiana 70806
e-mail: Steve@SteveRobertsLaw.com
FREE INITIAL CONSULTATION
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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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Disclaimer
It is important to understand that Steve Roberts is licensed to practice law within the State of Louisiana only. Therefore, this web site and its contents are not intended to be solicitations for legal work or to provide legal advice to those located outside of the State of Louisiana, or who have claims or potential claims pending outside of the State of Louisiana. The rules of ethics that governs lawyers requires that lawyers be licensed to practice in every state of which they intend to practice law or dispense legal advice, etc. Thus, please be advised that Steve Roberts is licensed only within the State of Louisiana, but within the State of Louisiana is licensed to practice in all State and Federal Courts located therein. This web site does not constitute legal advice in any form, but instead provides generalized information only. Read the web site and interpret the contents at your own risk and peril.

Copyright 2004© M. Stephen Roberts, APLC. All rights reserved.