“A Practitioner’s Guide To Recovery Of Mental Anguish/Emotional Distress Damages In Alabama.”.pdf

jps-jht-cumberland-law-review-2008-1.pdf
Preview of “A Practitioner’s Guide to Recovery of Mental Anguish/Emotional Distress Damages in Alabama.”
🔗 Source: starneslaw.com
📊 Size: 411 KB
👤 Author: review
⬇️ Downloads: 218

Summary

Alabama law allows recovery of mental anguish/emotional distress damages, despite early common law prohibitions, with exceptions recognized in certain tort and breach of contract actions since the late 1800s. The law remains unclear, with legislative efforts to define and limit recovery unsuccessful, resulting in inconsistent jury awards reaching hundreds of thousands of dollars. Alabama appellate courts recognize emotional distress can manifest in various forms, including nightmares, depression, and loss of sleep, with the Supreme Court adopting the Black's Law Dictionary definition of mental anguish, implying a relatively high degree of mental pain and distress, more than mere disappointment or anger.

Description

Alabama law allows recovery of mental anguish/emotional distress damages, despite early common law prohibitions, with exceptions recognized in certain tort and...

Technical Information

  • File Format: PDF
  • File Size: 411 KB
  • Pages: 56
  • Language: EN
  • Author: review
  • Total Downloads: 218
  • Last Updated: 3 days ago

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