Can I Sue for Emotional Distress?

Car accident injuries are typically defined as physical injuries, such as cuts, broken bones, neck injuries, and back injuries. However, injuries sustained in a motor vehicle collision or other personal injury accident can also be emotional and negatively impact your mental health. In California and other states, you can sue for emotional distress caused by someone else’s actions.

While emotional distress cases can be challenging to prove, having a lawyer on your side can help immensely. Contact our personal injury attorneys today for a free consultation to learn more about how we can help you.

What Does Emotional Distress Mean?

Emotional distress refers to the mental anguish resulting from an incident, such as a motor vehicle accident, that elicits strong negative emotions. It encompasses a range of psychological symptoms, including:

• Anxiety
• Depression
• Insomnia
• Fatigue
• Post-traumatic stress disorder (PTSD)
• Panic attacks
• Phobias

Emotional distress typically falls under non-economic damages and is often included in pain and suffering. It can be a significant component of the damages sought by someone in a personal injury case. However, it is generally difficult to prove without a physical injury.

Personal injury law recognizes that not all injuries are physical; mental suffering can be equally debilitating and deserving of compensation.

Types of Emotional Distress Claims 

There are primarily two types of emotional distress claims:

Negligent Infliction of Emotional Distress (NIED)

NIED occurs when a plaintiff, such as a car accident victim, suffers emotional trauma from the defendant’s negligent behavior. To establish a claim for NIED, the plaintiff typically must demonstrate:

1. Duty of Care: The defendant owed a legal duty to the plaintiff.
2. Breach of Duty: The defendant breached that duty through negligent action or inaction.
3. 因果关系: The breach directly caused the plaintiff’s emotional distress.
4. 损失: The plaintiff suffered measurable emotional distress as a result.

For instance, in Thing v. La Chusa, the California Supreme Court outlined specific criteria for NIED claims, including requiring the plaintiff to be closely related to the injury victim, present at the accident scene, and aware that the victim is injured. 

Intentional Infliction of Emotional Distress (IIED)

IIED involves situations where the defendant’s intentional or reckless conduct is so extreme and outrageous that it causes severe emotional distress to the plaintiff.

An example of an IIED claim is a lawsuit filed by Alexis Kelley against actor Sullivan Stapleton, alleging domestic abuse, including assault, battery, false imprisonment, and intentional infliction of emotional distress.

The elements of an IIED claim include:

Intent or Recklessness

The defendant acted intentionally or recklessly.

Extreme and Outrageous Conduct

The defendant’s behavior was extreme and outrageous, beyond the bounds of decency.

Severe Emotional Distress

The plaintiff suffered severe emotional distress as a result.

How to Sue for Emotional Distress 

If you believe you have suffered emotional distress due to another’s actions, consider the following steps after seeking medical attention:

1. Consult an attorney: Seek legal advice from an emotional distress lawyer to evaluate the merits of your case and understand the legal standards in your jurisdiction. Most attorneys offer a free consultation.
2. Gather evidence: You will need to provide the attorney with hard evidence, such as medical records from mental health professionals, witness statements, and any other relevant evidence, to support your claim.
3. File a claim: Your attorney will draft and file a legal complaint outlining your allegations and the damages sought. They will then move on to the discovery process.
4. Negotiate: Your attorney will negotiate a fair settlement with the defendant or the insurance company.
5. Proceed through litigation if needed: If a settlement cannot be reached, your attorney will prepare the case for trial.
6. Receive a verdict: If you win your case, you may collect the damages and pay the attorney fees. If you lose, you can discuss more options with your attorney, such as an appeal.

It’s essential to understand that emotional distress claims can be complex and challenging to prove. Courts often require clear evidence of severe emotional suffering and a direct link to the defendant’s conduct.

Evidence to Support Your Emotional Distress Claim

Establishing an emotional distress lawsuit necessitates presenting compelling evidence to demonstrate the genuine impact of the distress experienced.

Courts typically require plaintiffs to substantiate their claims with credible and substantial proof. Key forms of evidence include:

1. Physical Manifestations

While emotional distress is inherently psychological, it often manifests physically. Symptoms such as ulcers, headaches, or other stress-related conditions can serve as tangible indicators of emotional suffering. Documenting these physical symptoms can strengthen a claim, as they provide observable evidence of the distress endured.

2. Duration and Persistence

The length of time a plaintiff experiences emotional distress is a critical factor. Prolonged symptoms of anxiety, depression, or trauma can underscore the severity and legitimacy of the claim. Courts may view enduring distress as more credible, especially when it significantly impacts daily life and routines.

3. Medical Documentation

Reports and evaluations from healthcare professionals, including doctors, psychologists, or therapists, are pivotal. These documents provide an objective assessment of the plaintiff’s mental and emotional state, offering professional insights into the extent of the distress. Seeking medical attention promptly after the distressing incident not only ensures proper care but also establishes a documented timeline linking the event to the emotional harm suffered.

4. Severity of the Underlying Incident

The nature and seriousness of the incident leading to the emotional distress are also considered. Traumatic events, such as violent accidents or severe defamation, are more likely to result in recognized emotional distress claims. The more egregious the incident, the stronger the potential for a successful claim.

5. Witness Testimonies

Statements from individuals who have observed changes in the plaintiff’s behavior, mood, or daily functioning can be influential. Testimonies from family members, friends, coworkers, or medical professionals can corroborate the plaintiff’s account, providing personal insights into how the distress has affected their lives.

Get the Legal Help You Need After an Injury 

Proving emotional distress can be daunting, yet talking to an experienced personal injury attorney can provide clarity and guidance for your specific situation.

An attorney can assess the viability of your claim, help gather necessary evidence, and advocate on your behalf to seek the compensation you deserve.

DK Law is ready to take your call when you’re ready. We are available for a free consultation at (866) 488-9381.