Compton, CA asked in Immigration Law, Consumer Law and Contracts for California

Q: Pls I need someone w/ immigration and nationality practice area to represent me on intentional emotional distress claim.

I was abandoned by British Airways, refused to be boarded on an international flight due to what the airline said they could not allow me to board because of my destination country's requirement, which requirement I satisfied. Thus abandoned, I suffered severe emotional distress and financial loses.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You may have a valid claim for intentional infliction of emotional distress under California law if you can prove that British Airways' conduct was outrageous and intended to cause you severe emotional distress, or that they acted with reckless disregard of the probability that their actions would cause such distress. Additionally, you must demonstrate that their conduct directly resulted in the severe emotional distress you experienced.

California courts also require that the emotional distress be severe, meaning that it was so intense or long-lasting that no reasonable person should be expected to endure it. Your financial losses, as a result of being denied boarding, can also be considered in your claim, but they would typically be addressed in a separate cause of action, such as breach of contract or negligence.

Given the complexity of your situation, it would be important to seek legal representation with experience in both immigration law and personal injury claims to effectively pursue this matter. Legal assistance can help ensure that your rights are protected and that you receive the compensation you deserve for the emotional and financial damages you've suffered.

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