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Legal Definitions - emotional harm

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Definition of emotional harm

Emotional Harm refers to significant mental or psychological suffering, anguish, or distress experienced by an individual as a direct result of another party's wrongful actions or negligence. Unlike physical injuries, emotional harm affects a person's mental well-being and can manifest as conditions like anxiety, depression, post-traumatic stress disorder (PTSD), severe grief, or humiliation. For it to be legally compensable, the harm must typically be severe and often supported by medical or psychological evidence. This term is frequently used interchangeably with "emotional distress."

  • Example 1: A driver, distracted by their phone, negligently swerves and causes a severe car accident. While the other driver sustains only minor physical injuries, they develop debilitating anxiety and a severe fear of driving, requiring extensive therapy and preventing them from commuting to work for months.

    Explanation: The distracted driver's negligent action directly caused the other driver significant psychological suffering (debilitating anxiety and fear of driving) that profoundly impacts their daily life and well-being. This mental anguish, even without severe physical injury, constitutes emotional harm.

  • Example 2: A landlord intentionally and repeatedly harasses a tenant, making false accusations and threatening eviction without legal cause, solely to force them out of their apartment. The tenant experiences severe stress, sleeplessness, and develops clinical depression requiring medication and psychological counseling.

    Explanation: The landlord's deliberate and wrongful harassment caused the tenant profound mental and psychological suffering, including severe stress, sleeplessness, and depression. These significant negative impacts on the tenant's mental health are clear examples of emotional harm.

  • Example 3: A local news station broadcasts a story falsely accusing a small business owner of engaging in fraudulent activities, despite having no credible evidence. As a result, the business owner faces public humiliation, loses numerous clients, and experiences severe panic attacks and a profound sense of despair, leading to the closure of their business.

    Explanation: The news station's wrongful act of defamation (broadcasting false accusations) directly caused the business owner significant mental suffering, including public humiliation, panic attacks, and despair, which are forms of emotional harm that severely impacted their personal and professional life.

Simple Definition

Emotional harm, often referred to as emotional distress, describes the mental or psychological suffering experienced by an individual due to another's actions, rather than a physical injury. It encompasses a range of negative emotional responses, such as anguish, anxiety, grief, or humiliation, and can be a basis for seeking legal damages in certain cases.

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