Getting Compensated for Emotional Distress

emotional distress - James Rawlson


In many personal injury cases, emotional distress is a major aspect of the recovery procedure.  From the outside perspective, people rarely consider the grief that comes from not being able to go on a stroll after work, the impact on one’s love life, or the belittlement of having to constantly ask for help when thinking about the recovery process for a broken leg. People seldom consider the pain of not being able to work with one’s hands, return a firm handshake, or play a game of catch when addressing the recovery for a damaged thumb. Often, if you are successful in winning a personal injury lawsuit, you can qualify for additional compensation for pain and suffering respective to your injuries.

The amount and accessibility of compensation for emotional grievances is heavily dependent on the nature and causation of the injury, and the jurisdiction in which the lawsuit is filed. Even if you don’t file a suit in court, a negotiation may be arranged through insurance to compensate you for emotional damages.

The list of symptoms that may qualify for emotional damage occupy a wide basket – sleep loss, depression, anxiety, despair, broken relationships, loss of enthusiasm or energy, suicidal thoughts, many from a long list of phobias, etc. Needless to say, evidence of emotional distress must be evident and true for the plaintiff to be convincing of a real need. After all, it isn’t uncommon for victims to feign emotional damage in order to cash in on a higher settlement. But if the need exists, don’t be abashed in addressing it in court, or among your insurers. Emotional damages are a dynamic aspect of many personal injury cases, and shouldn’t warrant embarrassment, loss of pride, or personal humiliation.

Legal Custody & Physical Custody in North Carolina

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Custody law for divorcing parents is complex and can very emotional. In order to faithfully address the multitude of situations that could arise from such a sensitive process, North Carolina law breaks custody law into two categories. A judge decides independently for each type whose custody will best serve the interests of a minor child.

Physical Custody

Physical custody is the kind of custody most parents understand right away. It’s the actual time spent serving as active guardian of a minor. In North Carolina, one parent typically receives primary custody of children, the other secondary custody. Primary custody means that the parent will be with the child more than half of the time. Sometimes custody is awarded equally, but only in rare cases will a court award sole custody to one parent. This would usually mean that the other parent’s visitation rights are limited or even prohibited.

Legal Custody

Legal custody is all about making important life decisions for a child, including ones concerning religion, education, and medical. A court will determine what is in the child’s best interest, typically awarding equal legal custody to both parents. This means that parents must come to mutual agreement before major decisions are made. It is less common, but sometimes sole custody is awarded to a parent, empowering them to make decisions for a child without consent from the other parent.

James Rawlson North CarolinaSeeking legal counsel from a family law attorney is highly recommended for those involved in a custody dispute. It’s important to have someone with a deep understanding of North Carolina law as it applies to your specific case. James Rawlson is a family law attorney based in Raleigh.

Schedule a meeting with James.