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Do All Personal Injury Cases Involve Physical Injury?

The majority of personal injury cases involve some form of physical pain. If you are injured because of a negligent person, you may be able to file a Hawaii injury lawsuit. In some cases, physical injury is not required for you to file a claim.

Negligent infliction of emotional distress (NIED)

Negligent infliction of emotional distress (NIED) is based on the concept that an individual has a legal duty to not cause emotional distress.  While California was the first state to allow compensation for emotional distress alone, the Supreme Court of Hawaii is credited with the introduction of negligent infliction emotional distress as a separate tort. If you believe that you are a victim of NIED, contact an attorney who is experienced in Hawaii personal injury lawsuits.

Examples of NIED include the following:

• A funeral home that wrongfully disposes of a body
• The negligent and incorrect diagnosis of a sexually transmitted disease that causes the breakup of a marriage
• A plaintiff who witnesses the death of loved one at close distance
• In the case of Rodriguez v. State, the plaintiffs claimed they suffered emotional distress as a result of flood damage to their home

The zone of danger

This term refers to the area of peril created by the negligent action of another person. You may be able to file a Hawaii personal injury lawsuit if you were in the zone of danger as a result of another party.

For your zone of danger claim to be credible, the following elements must exist:

• The defendant put you in danger of injury or death through their negligence
• You were aware of the death or injury of an immediate family member
• You show signs of emotional or physical injury as a result of witnessing the accident

If you were injured in any way as the result of another person’s negligent action, you may be able to file an injury lawsuit in Hawaii.

Contact our personal injury attorneys in Hawaii at the Offices of Micheal Jay Green for an initial consultation regarding your case.