When people think of negligence claims, physical injury is often at the forefront of their minds. However, California law recognizes the potential for emotional distress arising from negligent actions without any accompanying physical harm. One essential aspect of this law is encapsulated in CACI No. 1622, which addresses recovery of damages for emotional distress due to fear of a serious illness, like cancer or HIV, following exposure to harmful substances.
To prevail in such a claim, certain criteria must be met:
1. Exposure: The plaintiff must prove they were exposed to a specific carcinogen or harmful substance due to the defendant's negligence.
2. Emotional Distress: The plaintiff needs to demonstrate that they experienced serious emotional distress stemming from a fear of developing a disease as a result of that exposure.
3. Medical Evidence: There must be credible medical or scientific opinion supporting the claim that it is more likely than not that the plaintiff will contract the feared illness due to the exposure.
4. Causation: Finally, the plaintiff must establish that the defendant's negligence was a significant factor in the suffering of their emotional distress.
Emotional distress encompasses a range of feelings such as anxiety, worry, and humiliation, and to qualify as "serious," the distress should be of a nature that an ordinary, reasonable person would find difficult to endure.
Let's consider a hypothetical scenario: imagine you’ve learned that a company was illegally dumping toxic waste near your home. While you have not yet developed any physical illness, you find yourself consumed by anxiety and fear of a possible future illness. Your emotional distress is valid, but to pursue compensation, you’ll need the aforementioned proof. You would need to confirm your exposure occurred due to the company’s negligence and provide medical evidence indicating an increased likelihood of developing an illness.
California’s approach to emotional distress claims—specifically when no physical injury has occurred—allows individuals to seek justice and recognition for their suffering. The law states that those who have been directly harmed, or placed at risk, have avenues to address their distress.
It’s important to keep in mind that this very specific framework exists to ensure cases reflect actual damages and provide adequate protections for defendants. As a further consideration, you should seek guidance tailored to your individual situation.
At Goldfaden Benson, we understand the weight of emotional distress claims and are here to help navigate this complex area. If you have any questions or concerns regarding a potential case related to emotional distress or any other personal injury claim, don’t hesitate to reach out to us for a consultation. Let’s explore what uncertainties wonder in your mind turned into legal ones that can be addressed seamlessly.
