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Seeking emotional distress damages may also be applicable in situations of wrongful death, where you've watched a loved one die due to the negligence of another person. You may have watched a doctor provide improper care or watched a person struggle after a car accident.
It includes conditions such as anxiety disorders, depression, post-traumatic stress disorder (PTSD), personality disorders, psychosis, and various other mental illnesses. Mental damage can impact a person's thoughts, emotions, behavior, perception, and overall mental well-being.
Contrary to popular belief, misrepresentation does not just mean deliberate lies?it can also include accidental omissions or reckless statements without certainty of the facts. Misrepresentation can void a contract and in some cases allow the misled party to seek damages.
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
Another form of misrepresentation in consumer fraud law is ?negligent misrepresentation.? This type of misrepresentation occurs when one party states a careless claim or has not enough evidence to believe that a statement is true.
The Massachusetts Workers' Compensation Act permits recovery for ?emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment.? This means that the employee is entitled to workers' compensation benefits if the events in the ...
Such contracts are agreements to pay money upon the occurrence of a specified event. Mental distress damages do not flow from the breach of such contracts. They are not ?personal.?
In Massachusetts a person who has suffered emotional harm as a result of the negligence of another may be able to recover damages under the theory of negligent infliction of emotional distress. Usually the claim is made in addition to other related claims.