Can You Sue for Emotional Distress? The Legal Options

Emotional distress refers to psychological suffering caused by traumatic events or negligent actions of another party. It can range from temporary anxiety to severe, debilitating mental health issues like depression or post-traumatic stress disorder (PTSD). While money cannot erase emotional trauma, you may be able to sue and recover financial compensation for emotional distress damages in certain legal circumstances.

The two main types of emotional distress claims are intentional conduct and negligence. For intentional infliction of emotional distress, the defendant must have deliberately engaged in extreme, outrageous behavior that they knew would likely cause pain. Negligent infliction occurs when a breach of duty unintentionally but directly results in mental anguish for the victim. For instance, you may have legal grounds if someone else’s careless actions caused an accident where you feared for your life or witnessed a loved one get injured.

Proving emotional distress in court can be challenging without solid evidence. Keep detailed records of how the incident has impacted your mental health, relationships, and quality of life. Statements from doctors, therapists, and loved ones can help demonstrate the extent of your suffering. Prescriptions, counseling invoices, and medical reports can also substantiate your claim.

You may recover compensatory damages for lost wages, medical bills, and pain and suffering if successful. Punitive damages may be warranted to punish the defendant in egregious cases where the conduct was intentional or reckless. An experienced personal injury lawyer can help build the most robust case possible to maximize your settlement amount. They can also advise if the specific circumstances legally warrant damages for your emotional distress.

With the proper evidence and legal representation, you can hold a negligent or malicious party accountable. Suing for emotional distress can help secure compensation for your losses and trauma. Though money is not a cure, it can provide resources for treatment and bring a sense of justice.

What is Emotional Distress?

Emotional distress refers to psychological suffering caused by traumatic, frightening, or upsetting events. It can range from temporary anxiety, grief, fright, embarrassment, and anger to more severe conditions like clinical depression, post-traumatic stress disorder (PTSD), or phobias that impair your ability to function.

Some common types of emotional distress include:

• Anxiety disorders: Generalized anxiety, panic attacks, phobias, obsessive-compulsive disorder

• Mood disorders: Depression, persistent sadness, loss of interest in usual activities

• Trauma/Stress disorders: PTSD, adjustment disorder, dissociative disorders

• Psychosomatic disorders: Physical symptoms like headaches, fatigue, stomachaches, and nausea caused or worsened by mental strain or trauma.

Emotional distress can also result in sleeping problems like insomnia, nightmares, or difficulty staying asleep. Other physical manifestations can include muscle tension, rapid heartbeat, sweating, dizziness, and changes in eating habits.

The duration and severity of emotional distress can vary depending on the person and situation. Temporary distress may last for weeks or months, while long-term or permanent emotional damage can plague someone for years or even a lifetime.

• Temporary distress occurs when a person experiences understandable anxiety, stress, or sadness after a traumatic event, but it passes in a reasonable timeframe. For example, being sad after the death of a loved one or feeling occasional anxiety after a car accident.

• Long-term, severe emotional distress involves more pronounced, lasting mental health issues that impair functioning and require treatment. For instance, developing clinical depression or PTSD after a traumatic event like a sexual assault, violent crime, or serious accident.

Being able to categorize emotional distress as temporary or long-term can be important in personal injury claims. The more severe and lasting the impacts are on someone’s mental health and quality of life, the higher the potential damages. An experienced personal injury lawyer can help demonstrate the true extent of emotional suffering using evidence like medical records, expert testimony, and impact statements.

When Can You Sue for Emotional Distress?

There are two central legal claims that allow you to sue someone for causing emotional distress – negligent infliction and intentional infliction. The critical difference lies in whether the conduct was accidental or deliberate.

Negligent Infliction of Emotional Distress

This occurs when someone else’s careless behavior, negligence, or failure to act with reasonable care causes you mental suffering. For example, if you develop anxiety after a car accident caused by another driver’s reckless driving. Or suffering PTSD after a doctor’s misdiagnosis leads to improper treatment and worsening illness.

To successfully claim negligent infliction of emotional distress, several criteria must be met:

• The defendant owed you a duty of care which they breached through negligence.

• You suffered mental anguish and trauma as a direct result of their negligence.

• Your emotional distress is severe and debilitating enough to warrant compensation. Temporary worries or sadness generally do not qualify.

In some cases, you may be able to file a claim even if you were not directly injured but witnessed a traumatic accident or injury to a close family member. The requirements can vary based on state laws.

Intentional Infliction of Emotional Distress

This involves intentional conduct by someone who deliberately causes mental suffering. For example, if an employer knowingly allows harassment or discrimination that triggers mental health issues. Or if a person makes threats that purposefully incite fear and terror.

To prove intentional infliction of emotional distress, these elements are typically required:

• The defendant’s conduct was intentional or reckless.

• Their behavior was extreme and outrageous.

• Their actions caused you severe emotional distress.

• They knew or should have known their conduct would result in such distress.

Since the actions must be proven willful and outrageous, this claim is less common than negligent infliction cases. However, it underscores the need for accountability when someone deliberately inflicts mental and emotional harm.

Working with an experienced personal injury lawyer is crucial in both negligent and intentional infliction scenarios. They understand the complex legal standards around emotional distress claims and can help determine if your situation may warrant compensation. With the proper evidence and advocacy, you can recover damages for the mental anguish caused by another party’s inexcusable actions.

Proving Emotional Distress in a Lawsuit

Validating your emotional distress damages in court can be challenging without thorough evidence and documentation. Here are some tips for demonstrating the severity of your mental suffering.

Documenting Emotional Distress Damages

If you file a lawsuit, keep detailed records of how the incident has impacted your mental health and quality of life.

• Document all emotional distress symptoms like anxiety, depression, panic attacks, insomnia, anger, umiliation, PTSD, etc. Note frequency, severity, and duration.

• Record any lifestyle changes related to your mental state, such as the inability to work or go to school, trained relationships, or loss of enjoyment in activities.

• Get written statements from therapists, doctors, and loved ones corroborating your mental anguish and personality changes.

• Keep all receipts for counseling services, prescriptions, and hospital visits. Track lost income from missed work.

Using Evidence to Prove Distress

Various types of evidence can validate emotional distress claims.

• Medical records show mental health treatment, new prescriptions, and exacerbated physical stress-elated ailments.

• Expert testimony from psychologists, psychiatrists, and therapists explaining the diagnosis and how he incident caused your symptoms.

• Eyewitness accounts of visible shock, grief, fear, or changed demeanor after the incident.

• Counseling records indicating trauma treatment and any statements you made to therapists about the cause.

• Journals or personal records made close to the incident describing your mental anguish.

• Police report if distress was reported right away.

Your personal injury attorney can help obtain all relevant medical history, employment records, and evidence needed to prove emotional distress severity. The more evidence available, the higher your chances of recovering fair compensation.

Damages Available in Emotional Distress Claims

If your emotional distress claim succeeds, the at-fault party may need to pay you compensatory damages for your losses. There are two main categories – economic and non-economic damages.

Compensatory Economic Damages

These cover tangible financial losses related to your emotional distress, such as:

• Lost income from being unable to work

• Medical bills for mental health treatment, counseling, hospitalization

• Prescription and treatment costs

Keep careful records so your lawyer can calculate and justify these losses.

Compensatory Non-Economic Damages

These account for mental anguish and suffering, which cannot be measured directly in dollars. The amount depends on the severity of the distress and how the incident impacted your life. Key factors include:

• Type and duration of mental health symptoms

• Extent of treatment required

• Loss of enjoyment of life

• Pain and suffering

• Embarrassment, anxiety, fear

• Strain on relationships

By thoroughly documenting how the incident affected you, you can help maximize non-economic damages.

Increasing Your Settlement

• Get statements from loved ones noting personality changes.

• Have experts assess the treatment timeframe.

• Use a damages calculator to estimate costs.

• Highlight losses that may continue long-term.

Punitive Damages

If the actions were intentional or extremely reckless, you may receive additional punitive damages to punish and deter the defendant. These are rare in negligence cases but are possible if the conduct was deliberately harmful.

With an experienced personal injury lawyer fighting for your rights, you may recover fair compensation for the emotional turmoil caused by someone else’s inexcusable actions.

Finding the Right Lawyer for Your Emotional Distress Claim

Pursuing compensation for emotional distress damages requires navigating complex legal claims. An experienced personal injury attorney is essential for building the most robust case possible.

When researching lawyers, look for these essential qualifications:

• Extensive background handling emotional distress lawsuits, including case examples and success rates.

• Knowledge of relevant state laws and court precedents regarding emotional distress.

• Resources to thoroughly investigate your claim and obtain evidence like medical records and expert testimony.

• Ability to accurately calculate economic and non-economic damages.

• Skills to effectively negotiate fair settlement offers from insurance companies.

• Willingness to take your case to trial if needed.

Questions to ask prospective lawyers:

• How many years have you been practicing personal injury law? How many emotional distress cases have you handled?

• What is your process for documenting emotional distress damages?

• What experts do you work with to validate psychiatric injuries?

• What is your success rate in recovering damages for clients?

• How quickly do you begin working on cases? Will you personally handle my case?

• Do you represent clients on a contingency fee basis? What are the fee percentages?

Reputable personal injury lawyers work on a contingency fee, meaning they only collect if you recover damages. The fee is typically 30-40% of the final settlement or award. There are no upfront costs for consultations or case expenses.

Choosing the right lawyer can make all the difference in recovering the compensation you deserve for emotional suffering caused by someone else’s actions. Invest time in finding an attorney with proven expertise, resources, and a commitment to personalized representation. With the law on your side, you can seek justice.

Frequently Asked Questions

Q: Can I sue for emotional distress?

A: Yes, you can sue for emotional distress. Emotional distress is a legal claim that allows individuals who have suffered from various forms of emotional harm to seek compensation for their injuries.

Q: What are the types of common emotional distress?

A: Common types of emotional distress include anxiety, depression, post-traumatic stress disorder (PTSD), panic attacks, sleep disturbances, and loss of appetite.

Q: How does emotional distress relate to personal injury?

A: Emotional distress is often associated with personal injury cases. When a person suffers physical injuries due to someone else’s negligence, they may also experience emotional distress as a result.

Q: What are emotional distress damages?

A: Emotional distress damages refer to the compensation awarded to a plaintiff in a personal injury lawsuit for the emotional pain and suffering they have experienced.

Q: Do I need an injury lawyer for an emotional distress lawsuit?

A: It is highly recommended to consult with a personal injury lawyer if you plan to file an emotional distress lawsuit. An experienced attorney can provide guidance, assess the strength of your case, and fight for your rights.

Q: What do I need to prove in an emotional distress case?

A: In an emotional distress case, you must prove that you have suffered genuine emotional distress as a direct result of someone else’s negligence or intentional actions.

Q: Can I sue someone for emotional distress caused by their negligence?

A: Yes, you can sue someone for emotional distress caused by their negligence. If their actions or inactions resulted in your emotional distress, you may have a valid personal injury claim.

Q: Can I sue someone for intentional infliction of emotional distress?

A: Yes, you can sue someone for intentional infliction of emotional distress. This claim allows you to seek legal action against a person who deliberately caused you highly unpleasant emotional reactions.

Q: What is the difference between negligent infliction of emotional distress and intentional infliction of emotional distress?

A: Negligent infliction of emotional distress occurs when someone’s negligent actions cause emotional harm, while intentional infliction of emotional distress involves deliberate, extreme, and outrageous behavior that causes emotional distress.

Q: Can I seek damages for emotional distress in a personal injury lawsuit?

A: Yes, you can seek damages for emotional distress in a personal injury lawsuit, along with damages for any physical injuries or other damages you have incurred as a result of the incident.

Conclusion

Suing for emotional distress is possible in certain situations but can be complex to prove. Key takeaways:

• Negligent and intentional infliction of emotional distress claims allow you to sue if someone else’s actions caused mental anguish. Work with a lawyer to determine if your case may qualify.

• Thoroughly document emotional distress symptoms and how the incident has impacted your life. Obtain statements from doctors, therapists, and loved ones as evidence.

• Be prepared to demonstrate severe distress, not just temporary worries or sadness. Physical manifestations like headaches or insomnia can help validate claims.

• Experienced personal injury lawyers can help calculate potential economic and non-economic damages and negotiate fair settlements.

• Punitive damages are rare and only awarded if the conduct was intentionally harmful or reckless. There are limits to what can be claimed.

• While money cannot erase trauma, successful emotional distress claims can provide some sense of justice and resources for treatment.

Consult with a qualified personal injury attorney to discuss your situation. With the proper legal advocacy, you can hold a negligent or malicious party accountable for the psychological suffering they have caused. Justice is possible.