An accident, an assault, a serious car crash, or even ongoing harassment can leave not just physical wounds, but also scars that are harder to see – emotional distress. 

When distress goes beyond the expected stress of life and interferes with your daily living, you may wonder if you can sue for emotional distress. The answer is: Yes, you can sue for emotional distress. 

This is a question that Craig Swapp & Associates, a personal injury law firm serving states across the western region, hears often from people whose suffering isn’t limited to physical injuries. 

If you or someone you care about is struggling with anxiety, depression, or other emotional issues following an accident or wrongful act, this guide will help you understand your legal rights when it comes to suing for emotional distress and how an attorney can help you.

What Is Emotional Distress? 

Emotional distress refers to the psychological impact that results from another party’s actions. Unlike physical injuries, emotional distress isn’t visible to the naked eye, but its effects are real and can be just as devastating, sometimes even more so. 

Emotional distress can manifest as:

  • Anxiety
  • Depression
  • Fear
  • Humiliation
  • Sleeplessness
  • Post-traumatic stress disorder (PTSD)
  • Other emotional or mental health symptoms

In personal injury law, emotional distress is recognized as a legitimate injury. Civil courts allow plaintiffs to pursue an emotional distress lawsuit as part of or in addition to a physical injury claim. 

Types of Emotional Distress 

Not all emotional distress claims are the same. In personal injury law, emotional distress can arise from two primary legal theories: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). 

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress occurs when someone acts in a way that is so outrageous, reckless, or extreme that it causes another person to suffer severe emotional harm. 

To succeed with this type of claim, you must prove that:

  • The defendant’s conduct was intentional or reckless
  • The conduct was outrageous and beyond the bounds of decency accepted in society
  • The conduct caused you severe emotional distress

An example might be a caregiver who abuses a senior in a nursing home, leading to anxiety or PTSD..

Negligent Infliction of Emotional Distress

Negligent infliction of emotional distress arises when someone’s careless or negligent actions result in serious emotional harm. 

Generally, you must prove:

  • The defendant acted negligently
  • Their negligence caused an event or situation
  • You suffered significant emotional harm as a result

For instance, if you witness a loved one being severely injured in an accident caused by someone else’s negligence, you might have a claim for NIED. It’s crucial to consult with emotional distress lawyers familiar with your state’s laws, as these claims are sometimes limited by “bystander” rules or thresholds for severity.

How Do I Sue Someone for Emotional Distress?

Pursuing an emotional distress lawsuit involves a series of steps, and the process can be different depending on the details of your situation and the state where the incident occurred. 

Here’s what the process generally involves:

1. Determining if You Have a Valid Claim

The first step is to assess whether your situation meets the legal criteria for emotional distress. Consulting with a personal injury lawyer can help review the facts, gather evidence, and determine if you have grounds to sue for emotional distress.

2. Collecting Evidence

Because emotional distress is invisible, you must build a strong case with evidence such as medical and psychological records, testimony from mental health professionals, and personal journals documenting your symptoms.

3. Filing a Lawsuit or Claim

Your emotional distress attorney will draft and file a complaint in the appropriate court, outlining your allegations and the damages you seek. In some cases, emotional distress is part of a larger personal injury claim, while in others it may stand alone.

4. The Litigation Process

The defendant will have a chance to respond, and the case will move into the discovery phase. Both sides exchange evidence, take depositions, and may negotiate for a settlement. If a settlement isn’t reached, the case proceeds to trial, where you’ll need to prove your claim before a judge or jury.

Each step requires careful legal strategy and a thorough understanding of the law. Emotional distress attorneys work to ensure your rights are protected and that you have the strongest possible case.

How Do I Prove Emotional Distress?

Proving emotional distress is often more challenging than proving a physical injury. Since emotional distress is subjective, you’ll need to present compelling evidence that your suffering is real, significant, and connected to the defendant’s actions.

Key evidence to prove emotional distress may include:

  • Medical and Psychological Documentation: Diagnosis and treatment records from licensed therapists, psychologists, psychiatrists, or primary care providers.
  • Testimony: Statements from mental health experts who can explain how your condition meets diagnostic criteria and how it affects your life.
  • Personal Statements: Your own written or verbal account of your suffering, including how your symptoms affect your daily activities, work, and relationships.
  • Witness Testimony: Family members, friends, coworkers, or others who have observed changes in your behavior, mood, or functioning.
  • Employment Records: Evidence of missed work, job loss, or reduced earning capacity linked to your emotional distress.

Courts are more likely to award damages when there is clear, consistent, and credible evidence from multiple sources. Detailed records from therapy sessions, medication prescriptions, and even journals tracking your symptoms can strengthen your emotional distress lawsuit.

Can I Sue for Emotional Distress Without Physical Injuries?

This is a common question for people who suffer mental anguish after an incident but don’t have visible injuries. The good news is that suing for emotional distress is possible even in the absence of physical harm, but laws vary by state and by the circumstances.

In Utah and Idaho, you don’t always need a physical injury to pursue an emotional distress lawsuit. For example, in claims for intentional infliction of emotional distress, physical injury isn’t required if the defendant’s conduct was extreme and outrageous.

For negligent infliction of emotional distress, some states do require a “physical manifestation” of emotional suffering, while others allow claims for pure emotional harm. Some states apply “zone of danger,” allowing you to sue for emotional distress without any physical injury.

If you’re unsure whether you qualify, consulting with emotional distress lawyers can clarify your legal options based on your state’s statutes and case law.

How Much Compensation Can I Sue for Emotional Distress?

Since there’s no bill or receipt for emotional suffering, compensation is based on the severity, duration, and impact of your mental health injuries.

Factors affecting emotional distress compensation can include: 

  • Severity of Symptoms: More severe symptoms, such as debilitating anxiety or PTSD, can increase the value of your claim.
  • Duration: Ongoing symptoms are likely to yield higher compensation than short-term distress.
  • Impact on Life: The greater the interference with work, relationships, and daily activities, the greater the potential recovery.
  • Medical Evidence: Documentation from mental health professionals adds weight to your claim.
  • State Law: Damages for emotional distress may be capped or limited by law in some states, while others allow for substantial awards.
  • Defendant’s Conduct: Outrageous, malicious, or egregious behavior by the defendant can result in punitive damages in addition to compensatory damages.

Calculating the value of your claim is complex. Emotional distress attorneys work closely with medical professionals and use their experience to help clients pursue fair and meaningful compensation.

How Can a Lawyer Help with My Emotional Distress Claim?

Pursuing an emotional distress lawsuit on your own can be overwhelming. A qualified personal injury lawyer brings invaluable resources and experience to your case. 

  • A lawyer reviews your circumstances and explains whether you have a viable emotional distress claim under the laws of your state.
  • Attorneys know what evidence is needed and how to obtain medical records, expert testimony, and supporting documentation.
  • Each state has its own rules and statutes of limitations for suing for emotional distress. An attorney ensures your claim is timely and correctly filed.
  • Lawyers negotiate with insurance companies and opposing parties to reach a fair settlement. If a settlement isn’t possible, they prepare your case for trial.
  • A lawyer acts as your advocate, handling communications and legal filings so you can focus on recovery.

Many lawyers offer free consultations and work on a contingency fee basis, where you pay nothing unless they recover compensation for you. 

You’ll Need a Lawyer for Your Emotional Distress Lawsuit

If you believe you may have a claim, consulting with our personal injury lawyer who understands the unique challenges of emotional distress lawsuits is crucial. 

Whether you’re in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, or Arizona, Craig Swapp & Associates can help you determine your rights, evaluate your damages, and pursue the financial recovery you deserve.

Are you ready to talk with a lawyer about your legal options? Call us today at 866-308-3822 to schedule your free consultation or send us a message about your case by answering our online form here.

Written By: Ryan Swapp     Legal Review By: Craig Swapp