Harassment can take many forms, including verbal abuse, physical assault, sexual harassment, bullying, and discrimination. In a personal injury case, harassment may be considered a separate cause of action, and the injured party may be able to recover damages for any harm caused by the harassment.
In order to prove harassment in a personal injury case, the injured party must show that the harassing behaviour was severe, pervasive, and created a hostile work environment. The injured party must also show that the harassment was a proximate cause of their injuries, meaning that it contributed to their harm in some way.
If harassment is proven in a personal injury case, the injured party may be able to recover damages for emotional distress, loss of income, and other losses resulting from the harassment. In some cases, punitive damages may also be awarded to punish the harassing party and deter similar behaviour in the future.
It is important to note that personal injury cases involving harassment can be complex, and it is important to consult with an experienced personal injury attorney to determine the best course of action. It is noteworthy to point out that harassment is a peculiar legal action that can be pursued in both criminal and civil courts. The difference between the two courts being that while the burden of proof in a criminal court is much higher compared to civil courts where the burden of proof is on the balance of probabilities or preponderance of evidence, the burden of proof in a criminal court is beyond reasonable doubt.