Can I sue for emotional distress?

In Hawaii, it is possible to sue for emotional distress in certain situations. Generally, in order to sue for emotional distress, you must prove that you suffered severe physical or mental anguish, impairment, inconvenience, or damage to your relationships, reputation, or well-being due to another’s wrongful or careless act. Hawaii law also requires a plaintiff prove that the act was intentional or negligent, meaning done with a reckless disregard for the consequences, to proceed in a case for emotional distress. Additionally, a plaintiff must show that the defendant’s action was the proximate cause of the plaintiff’s emotional distress. This means that the plaintiff must show that the defendant’s action was the primary cause of the emotional distress and that the distress would not have occurred without the defendant’s action. In cases involving accidents or medical malpractice, a plaintiff can sue for emotional distress due to the negligent acts of the defendant. This could include a car accident, a slip and fall injury, medical negligence, or any other act that causes extreme emotional suffering or distress. In Hawaii, the law recognizes emotional distress as a recognized injury for which monetary damages may be awarded. However, the amount of damages is dependent on the severity of the emotional distress, the duration of the emotional distress, and the plaintiff’s experience of the distress. Therefore, if you believe you have suffered emotional distress due to another person’s wrongful or careless act, you may be eligible to bring a personal injury claim.

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