Can I receive damages for emotional distress caused by a boating accident?

Yes, you can potentially receive damages for emotional distress caused by a boating accident in Ohio. Under the legal concept of “negligent infliction of emotional distress” you can be compensated for the emotional distress caused by a boating accident. Specifically, this concept allows you to be compensated for emotional distress caused by another person’s negligent conduct. To receive damages for such distress, you must prove that your distress was serious and foreseeable, and it must have been caused by the actions or negligence of another person. To receive damages for emotional distress, you must prove that the accident and associated emotional distress caused significant physical symptoms and that you have suffered physical or psychological harm due to the accident. Some courts allow for some claims of psychological distress to be brought without physical injury. However, most often your claim of psychological distress must be accompanied by an underlying physical injury in order for a court to award damages. It is also important to note that in Ohio, the person who caused the boating accident must have acted negligently or intentionally to create an emotional distress claim. In other words, if the boating accident was caused by mere carelessness, you will not be able to receive damages for emotional distress. If you believe that you are entitled to damages for emotional distress caused by a boating accident in Ohio, you should speak with a personal injury lawyer. An experienced lawyer can help you understand your rights and help you pursue your claim.

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