Can a plaintiff recover emotional distress from a defendant who causes injury to a family member?
MultiRegion, United States of America
The following excerpt is from Dillman v. Tuolumne Cnty., 1:13-CV-00404 LJO SKO (E.D. Cal. 2013):
Defendants concede that a plaintiff can recover for emotional distress resulting from negligent conduct that causes injury to a family member under either a "bystander" or "direct victim" theory. Burgess v. Superior Court, 2 Cal. 4th 1064, 1071 (1992):
Id. at 1072-73 (internal citations omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff who was not present at the accident scene recover emotional distress damages for emotional distress they suffered when they later arrived at the scene? (MultiRegion, United States of America)
What is the bystander test for emotional distress caused by witnessing the death of a family member? (MultiRegion, United States of America)
What is the burden of proving that Defendant's outrageous conduct caused plaintiff emotional distress? (MultiRegion, United States of America)
What is the test for determining whether a defendant's outrageous conduct caused emotional distress? (MultiRegion, United States of America)
Can a plaintiff recover emotional distress as part of a claim of negligence? (MultiRegion, United States of America)
Is there a difference between a plaintiff's claim for negligent infliction of emotional distress and breach of duty of care against a Health and Social Justice Commissioner (FJC) for her injuries? (MultiRegion, United States of America)
Can a plaintiff recover damages for reckless infliction of severe emotional distress? (MultiRegion, United States of America)
In what circumstances must a plaintiff identify as a defendant in an amended complaint alleging that defendants conspired to deprive plaintiff of federal constitutional or statutory rights? (MultiRegion, United States of America)
Can a plaintiff bring a claim for mental or emotional injuries against the Defendant? (MultiRegion, United States of America)
In what circumstances can a plaintiff recover for emotional distress? (MultiRegion, United States of America)
