Can You Sue for Emotional Distress?

The anguish you felt when you were relentlessly harassed online, the anxiety that kept you up at night after a hostile workplace incident, the depression that took hold after witnessing a loved one’s trauma – these are all descriptions of emotional distress. They can be every bit as devastating as a physical injury. I’ve seen firsthand how this type of suffering can impact every facet of a person’s life. The good news is that you do not have to suffer in silence. Some state laws allow you to fight back by suing the person who caused your emotional distress.

In most states, you can sue for emotional distress if someone’s negligent or intentional actions caused you severe mental anguish or psychological suffering. While proving emotional distress can be challenging, an experienced attorney will help you gather evidence like medical records, expert testimony, and witness statements to build a strong case and potentially recover damages for your trauma.

What is Emotional Distress?

Emotional distress is the mental suffering or anguish a person experiences after being subjected to extreme or outrageous conduct. While we all face everyday stress and mental challenges, emotional distress is much more severe and disruptive.

United States law recognizes emotional distress as a legitimate injury on par with physical harm. Symptoms of emotional distress can manifest in many ways and vary from person to person. Some common signs include:

• Anxiety and panic attacks
• Depression and feelings of hopelessness
• Difficulty sleeping or nightmares
• Flashbacks or emotional triggers
• Unexplained physical pain or illness
• Withdrawal from activities and/or relationships
• Trouble concentrating and making decisions

If someone else’s actions have left you grappling with these types of symptoms, disrupting your daily life, you may have grounds for an emotional distress lawsuit. An experienced attorney can help evaluate your situation and further advise on your legal options.

When Can You Sue for Emotional Distress?

There are two main types of claims for emotional distress:

Type 1: Intentional Infliction of Emotional Distress (IIED)

An IIED claim arises when a person intentionally or recklessly engages in extreme and outrageous conduct that causes severe emotional distress to another. The behavior must go beyond mere insults or annoyances. Some examples of conduct that may qualify as extreme or outrageous include:

• Racial or sexual discrimination or harassment
• Intentionally sharing private information about a person to humiliate them
• Fabricating child abuse allegations to have a parent’s child removed
• Persistent online bullying and threats
• Sexual or physical assault or abuse

Type 2: Negligent Infliction of Emotional Distress (NIED)

An NIED claim arises when a person’s negligent actions, rather than intentional conduct, cause emotional distress. Here are a few examples:

• The negligent conduct directly impacts you and causes emotional distress, even if it does not cause physical injuries (e.g., a doctor negligently tells you that you have a fatal disease when you do not).
• You are in the “zone of danger” of physical impact and suffer emotional distress from the near miss (e.g., narrowly escaping a multi-car accident caused by a drunk driver).
• In some states, you may have a claim if you witness the physical injury or death of a close family member due to negligence. This is known as a “bystander” claim. (e.g., seeing your child get struck by a reckless driver while you are on your porch).

It’s important to note that the specifics of emotional distress laws can vary between states. This includes the statute of limitations for bringing a claim, typically between 2-4 years from the date of the distressing incident. Given all the evidence that must be gathered to bring a successful case, it’s best to speak with an attorney as soon as possible about your situation.

What Do You Have to Prove to Win an Emotional Distress Lawsuit?

Winning an emotional distress lawsuit requires proving several key elements. While the exact criteria may vary depending on the type of emotional distress claim and in which state you bring your case, in general, you must show the following to win your case:

1. The defendant engaged in extreme, outrageous, or negligent conduct;
2. The conduct caused you severe emotional distress;
3. The defendant intended to cause you distress or acted with reckless disregard for the probability of causing distress (for IIED claims), OR the defendant had a duty of care not to cause you distress (for NIED claims).

Proving these elements requires gathering persuasive evidence of both the conduct and the distress it caused.

Examples of evidence commonly used in emotional distress cases include:

• Medical records documenting mental health symptoms, counseling, or prescriptions related to the distress
• Expert witness testimony from psychiatrists or therapists diagnosing conditions like depression, anxiety, or PTSD
• Witness statements corroborating the victim’s distress and behavioral changes
• Documentation of the defendant’s conduct, such as emails, text messages, videos, or police reports
• The victim’s own testimony describing their emotional suffering and how it impacted their life

It’s important to understand that simply feeling upset or offended is generally insufficient to win an emotional distress case. The distress must be severe and provable with concrete evidence. An attorney can help you assess the strength of your case and gather the necessary proof.

How Much Can You Sue for Emotional Distress?

Since emotional distress damages are intended to compensate for a victim’s suffering, the amount recoverable can vary widely between cases. Factors that may impact a damage award include:

• The severity and duration of the emotional distress
• The outrageousness of the defendant’s conduct
• Whether the distress led to long-term impacts like loss of income or relationships
• The strength of the evidence proving the distress
• The individual victim’s vulnerability and unique circumstances

In general, compensatory damages for emotional distress may include:

• Reimbursement of mental health treatment costs
• Recovery of lost wages or reduced earning potential
• Compensation for physical symptoms or reimbursement for physical medical issues related to the stress
• Financial repayment for loss of enjoyment of life and/or pain and suffering

In cases of intentional or malicious conduct, punitive damages may also be awarded to punish the defendant. Some states cap punitive damage amounts, while others do not.

What is the Process for Suing for Emotional Distress?

If you believe you have an emotional distress claim, it’s crucial to act quickly and strategically to protect your rights. Here are the general steps in the process:

1. Consult with an experienced attorney. Look for a lawyer with specific experience handling cases like yours and offers a free initial consultation. Come prepared to discuss the details of your situation and bring any documentation you have of the conduct and your distress.
2. Your attorney will investigate your case and gather evidence. This may include interviewing witnesses, collecting medical records, consulting with experts, and reviewing documentation of the defendant’s actions. Your attorney will also research the relevant laws and build legal arguments to support your claim.
3. Your attorney may send a demand letter to the defendant. This letter will outline your claim and damages and propose a settlement before a lawsuit is filed. Sometimes, a defendant may agree to settle at this stage to avoid litigation.
4. If a pre-suit settlement is not reached, your attorney will file a formal complaint with the appropriate court. The complaint will detail the facts of your case and the legal basis for holding the defendant liable.
5. The defendant will have an opportunity to respond to the complaint. They may file a motion to dismiss the case or an answer denying liability.
6. The discovery process will begin. This involves exchanging information and evidence, such as documents, witness statements, and expert opinions. Depositions may also be taken where parties and witnesses answer questions under oath.
7. Settlement negotiations often occur after discovery. With a clearer picture of the evidence, the parties may try to reach an agreement to avoid a trial. Many emotional distress cases settle out of court.
8. If a settlement is not reached, the case will proceed to trial. At trial, both sides will present evidence and arguments to a judge or jury, who will decide if the defendant is liable and what damages to award.
9. If you win at trial, the defendant may have to pay your damages and attorney’s fees. In some cases, the defendant may appeal the decision, which can extend the process.

The timeline for an emotional distress lawsuit can vary but often takes several months to a year or more. It’s a complex and emotionally challenging process, so having the right attorney by your side is so important.

At Minc Law, we understand the sensitive nature of emotional distress claims. We take the time to listen to your story with empathy and compassion. At the same time, we have the knowledge and tireless advocacy to guide you through the legal process at every stage. While no result is guaranteed, we will fight to achieve the best possible outcome on your behalf.

You Can Stand Up to Emotional Distress – We Can Help

Emotional distress can leave deep scars that impact your relationships, career, and overall well-being. But you do not have to face this challenge by yourself. Various state laws provide a way to seek compensation and closure by filing an emotional distress lawsuit against the person or entity that caused your suffering.

At Minc Law, we have made it our mission to provide compassionate counsel and fierce representation to victims of emotional distress across the United States. We understand the unique challenges and vulnerabilities that come with bringing these claims. You can trust us to handle your case with discretion, dedication, and professionalism.

If you are considering an emotional distress lawsuit, we are here to help. Our experienced attorneys will listen to your story, explain your rights, and develop a tailored legal strategy to achieve the best possible outcome. Whether through aggressive settlement negotiations or powerful courtroom advocacy, we will work tirelessly to help you obtain the compensation and closure you need to move forward.

Please don’t hesitate to contact us for a free, confidential case evaluation to discuss your emotional distress case. Call (216) 373-7706 or fill out our contact form today to start your free initial case evaluation.