Legal Question in Business Law in California

Re: Question about business law

Your question is very vague, and raises many issues as it is labelled as business law. Emotional distress generally is not recoverable in a breach of contract action. Please call me directly at (619) 222-3504.

Re: Question about business law

Regarding medical bills and loss of wages, they are generally recoverable if it can be shown that they were caused by the acts of another. Emotional distress is an area that will be based upon the circumstances of a case, and generally cannot be recovered in a "business" context.

However, facts may determine otherwise. Let me know if I can help.

Re: Question about business law

Medical bills and loss of work are damages that can be recovered IF and only if the other elements of a cause of action are pled and proven; if the claim is based upon negligence, for example, the injured party must plead and prove that he/she was owed a duty of care by the defendant; that the defendant breached this duty; and that the breach was both the factual and "legal" cause of the harm suffered. Legal causation, often called 'proximate cause' usually requires that the harm suffered be a foreseeable consequence of the breach of that particular duty.

"Emotional distress" is not the complete name of a tort. The proper terms are "intentional infliction of emotional distress" and "negligent infliction of emotional distress." If either of these torts is pled and proven, the plaintiff can recover monetary damages for the emotional distress thus inflicted.

The rules for pleading and proving these torts are rather complex and evolving. Not everyone who suffers mental anguish will be able to recover damages.

If this matter is based upon contract rather than tort, damages for emotional distress are not recoverable except in a few rare special circumstances.

Re: Question about business law

What has given rise to the expeenditure for medical services? What has given rise to the lost work? I notice that this is a question about business law, are you asking if they are appropriate damages for a breach of contract? In which case one would have to establish that the injuries were foreseen by the parties, or that they were foreseeable. Certainly, they are appropriate damages for a tort cause of action, but that is not a business law question.