Can You Sue for Emotional Distress?

June 20, 2023

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Emotional distress is a common human experience. It often results from traumatic events, accidents, or intentional actions by others. When someone’s actions cause significant emotional harm, it raises the question: Can you sue for emotional distress?

In legal terms, emotional distress falls under “pain and suffering” damages. It is possible to pursue legal action for emotional distress. However, the criteria and requirements for such claims can vary depending on jurisdiction and circumstances.

In this article, we will explore suing for emotional distress. Read on to learn more!

Defining Emotional Distress

Emotional distress refers to severe mental or emotional suffering. It affects your well-being and daily functioning. It can manifest as the following:

Anxiety
Depression
Sleep disturbances
Post-traumatic stress disorder (PTSD)

Emotional damage can result from various situations. That includes accidents, traumatic events, or personal injuries.

Different Types of Emotional Distress Claims

If you’re looking to recover damages after an accident or traumatic event, there are two types of damages in a lawsuit that you can pursue: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED).

While both types involve emotional harm, they differ in terms of the defendant’s intent. It also has different legal standards required to prove the claim.

Intentional Infliction of Emotional Distress (IIED)

In cases of IIED, the plaintiff alleges that the defendant intentionally engaged in extreme and outrageous conduct. Thus, causing you severe emotional distress.

The key elements in an IIED claim include the following:

Intent
Extreme and Outrageous Conduct
Severe Emotional Distress

Negligent Infliction of Emotional Distress (NIED)

NIED claims arise when the defendant’s negligent actions cause emotional distress to the plaintiff. Unlike IIED, NIED does not require intent to harm. It rather centers on the defendant’s breach of duty and the resulting emotional harm.

Key factors in an NIED claim include the following:

Duty of Care
Breach of Duty
Causation
Physical Manifestation Rule

It’s important to note that the specific elements and standards for IIED and NIED claims can vary. Legal precedents and local laws play a significant role in determining the viability and success of these claims.

Consulting with an attorney knowledgeable in personal injury law is best. It can help you understand the specific requirements in your jurisdiction. It will also help build a strong case based on the type of emotional distress claim you intend to pursue.

Limitations and Challenges

Here are several factors the court considers when evaluating emotional distress claims:

Severity and Duration
Causation
Reasonableness
Evidence

It is possible to sue for emotional distress. However, there are limitations and challenges associated with these claims. It is best to understand your case.

If, for example, the case involves a wrongful death, you need to evaluate the case more about wrongful death claims. Some jurisdictions may impose strict standards. It is to prove that emotional distress happens after an accident or traumatic event.

Additionally, certain immunities may protect certain defendants. They can be government entities, for example. Moreover, statutes of limitations govern the timeframe within which a lawsuit can be filed, varying by jurisdiction.