Can You Sue for Emotional Distress?

Yes, you can sue for emotional distress, especially if someone else’s actions caused you significant mental suffering. Emotional distress claims may arise after a traumatic event, such as a car accident or abuse.

Whether the defendant acted intentionally or was simply negligent, you may have the right to seek compensation for emotional pain, anxiety, panic attacks, or other severe psychological symptoms, especially if they’ve impacted your daily life or required treatment.

What Is Emotional Distress?

Emotional distress, in the context of legal damages, refers to the psychological impact a person suffers due to someone else’s negligent or intentional actions. It is a form of non-economic damage that may be included in a personal injury lawsuit when the emotional suffering is severe enough to affect the person’s well-being or ability to function.

Symptoms of emotional distress vary but often include anxiety, depression, mood swings, insomnia, and difficulty concentrating. In more severe cases, it may involve post-traumatic stress disorder, flashbacks, or suicidal thoughts. Emotional distress can also manifest through physical symptoms like headaches, fatigue, or stomach issues.

A medical professional or mental health expert is typically needed to diagnose and document these effects for a claim.

What Types of Emotional Distress Lawsuits Are There?

Intentional Infliction of Emotional Distress

This type of emotional distress lawsuit involves behavior so extreme that it goes beyond the bounds of human decency. To sue for emotional distress under this theory, you must show the defendant acted intentionally or recklessly, and their conduct directly caused you to suffer severe emotional distress. This often involves repeated abuse, threats, or harassment that leads to long-lasting mental suffering.

Extreme and Outrageous Conduct

For a claim to succeed under intentional infliction, the behavior exhibited by the defendant must be considered extreme and outrageous. Courts evaluate whether a reasonable person would find the conduct shocking or intolerable.

Examples include abuse by a caregiver, deliberate humiliation, or violent threats. The emotional harm must be more than temporary hurt feelings–it must significantly affect the person’s mental well-being.

Reckless or Intentional Actions

A defendant doesn’t always need to intend to cause harm; recklessness can also support an emotional distress lawsuit. If someone knew—or should have known—that their behavior would likely cause psychological pain, they may be held responsible. This applies to cases like drunk driving, where the defendant’s disregard for safety can lead to mental suffering caused to others.

Severe Emotional Distress Caused by the Defendant’s Actions

For a successful claim, the plaintiff must show that the behavior exhibited by the defendant directly caused them to suffer serious emotional distress. This includes prolonged mental anguish, PTSD, or other psychological injuries requiring treatment.

The suffering must be more than a minor irritation or embarrassment–it must seriously interfere with the person’s daily life and be supported by documentation or expert witnesses.

Negligent Infliction of Emotional Distress

This claim arises when the defendant’s careless behavior causes severe emotional harm, even if they didn’t intend to hurt anyone.

Common in car accidents or medical negligence, these claims often require the plaintiff to show they were directly involved in or witnessed the traumatic incident. The emotional distress suffered must be a reasonably foreseeable result of the defendant’s negligent actions.

Foreseeability

Foreseeability is a key factor in negligent infliction cases. It asks whether a reasonable person in the defendant’s position should have expected their actions to cause emotional distress.

For example, a nurse who repeatedly ignores a resident’s pain complaints may be liable if emotional suffering was a predictable outcome. Courts consider the relationship between the parties and the severity of the conduct involved.

Impact

Some states follow the “impact rule,” which requires that the plaintiff suffered a physical injury or was physically harmed in some way, even slightly, to support a claim. Others allow claims without physical symptoms if the psychological harm is severe and well-documented. Medical records, mental health diagnoses, and physical symptoms like weight gain, insomnia, or nausea can help prove emotional distress.

What Types of Personal Injury Cases Typically Involve Emotional Distress Claims?

Motor Vehicle Accidents

Traffic accidents are one of the most common causes of emotional distress claims. Victims may suffer severe emotional distress after a crash, especially if it involved life-threatening injuries, disfigurement, or the death of a family member. Emotional harm from a motor vehicle accident often includes anxiety, depression, or PTSD.

Even without severe physical injuries, mental pain can be significant. Emotional distress caused by the crash can affect sleep, relationships, and the ability to work. These symptoms may be compensable as part of a personal injury claim, supported by medical records and mental health evaluations.

Medical Malpractice

Emotional distress is frequently claimed in medical malpractice lawsuits, especially when a patient suffers unexpected complications due to a medical professional’s negligence. The emotional distress may stem from a misdiagnosis, surgical error, birth injury, or medication mistake. Victims often experience mental stress, fear, and anger, sometimes accompanied by lasting physical injuries.

In some cases, the emotional distress may be greater than the physical harm. If the defendant’s actions were a reasonably foreseeable cause of the mental anguish, compensation may be available. Mental health expert witness testimony often plays a key role in proving emotional distress in these cases.

Sexual Assault

Sexual assault cases almost always involve emotional distress claims due to the severe psychological trauma inflicted on survivors. Victims may suffer from long-term emotional pain, post-traumatic stress disorder, and serious emotional distress that impacts every part of life.

Sexual assault lawsuits often involve intentional infliction of emotional distress, where the defendant acted deliberately and outrageously. The distress caused may require long-term therapy or psychiatric care.

Documentation and testimony from mental health experts are typically essential in these cases. Compensation may be sought for emotional distress damages, even if physical injuries are minimal or not visible.

Can You Sue for Emotional Distress Without Physical Injury?

Typically, you cannot sue for emotional distress without some form of physical injury, especially in states that follow the “impact rule.” These jurisdictions require proof of physical harm or symptoms linked to emotional distress.

However, exceptions exist. Some states allow emotional distress claims without physical harm under the “zone of danger” or bystander rule. This applies when a person witnesses a traumatic incident, like an accident involving a close family member, and suffers severe emotional distress as a result.

The harm must be a reasonably foreseeable result of the defendant’s action and supported by medical documentation.

How to Prove Emotional Distress

To prove emotional distress in a personal injury case, multiple forms of evidence are often needed.

Direct testimony from the victim is essential. Describing how the distress has affected daily life, relationships, sleep, or work helps establish the seriousness of the distress. Corroborating witness testimony from friends, family, or coworkers can support these claims by showing noticeable changes in behavior or mood.

Expert witness testimony from mental health professionals is also key, especially in cases involving PTSD or long-term psychological pain. Medical records, therapy notes, prescriptions, and documented physical symptoms—such as weight gain, insomnia, or fatigue—provide additional proof.

The more detailed and consistent the documentation, the stronger the mental distress claim will be in a personal injury lawsuit.

What Types of Emotional Distress Damages Can Victims Recover?

Medical Treatment Expenses

Victims who suffer emotional distress often require care from therapists, psychologists, or psychiatrists. Expenses for counseling, medications, and other related medical treatment can be included in a claim under personal injury law. These costs must be supported by treatment records and linked to the emotional distress.

Lost Wages

Severe emotional distress can interfere with a person’s ability to work. Victims may miss time from their job due to therapy sessions, hospitalization, or mental health struggles like panic attacks or depression. Lost wages, both past and future, can be recovered if the psychological suffering directly impacts employment or earning capacity.

Pain and Suffering

Pain and suffering damages cover the anxiety and psychological trauma a person experiences as a result of someone else’s actions. This includes lasting distress caused by a traumatic incident or ongoing harm. These non-economic damages are often a significant part of an emotional distress lawsuit.

What Is the Average Emotional Distress Lawsuit Payout?

Based on Law.com’s VerdictSearch, the average emotional distress lawsuit payout is approximately $3,896,079. However, the median payout is $504,100, reflecting how a small number of extremely high awards–up to $109 million–can skew the average. At the lower end, emotional distress damages can be as little as $880.

Payouts vary widely depending on several factors, including:

Whether the emotional distress was intentional or negligent
Severity and duration of the distress
Presence of physical injury or physical symptoms
Quality of medical documentation and expert witness testimony
Whether the conduct involved outrageous behavior
State laws and jury attitudes in the venue
Credibility of the plaintiff and corroborating witnesses

Each mental distress claim is unique, so outcomes depend heavily on the evidence and circumstances.

Example Cases

$109 Million Verdict – Mother Burned Alive by Fallen Power Line While Children Watch

Carrie Goretzka was fatally electrocuted by a fallen 7,200-volt power line outside her home after the utility company allegedly failed to maintain its equipment. Her two young daughters witnessed the traumatic event and suffered severe emotional distress.

The family sued West Penn Power for negligent maintenance and training practices, supported by expert testimony on improper wire cleaning and fusing.

The jury awarded $109 million, the largest in Allegheny County history, including $61 million in punitive damages, $29 million in survival damages, and additional compensation for emotional distress suffered by her husband, children, and mother-in-law.

$78.4 Million Verdict – Hospital Declares Baby Dead, Delays Care – Child Left Permanently Disabled

Victoria Upsey and her newborn son, Parrys Nicholson-Upsey, sued Pottstown Memorial Medical Center for medical malpractice and negligent infliction of emotional distress. Upsey’s baby was declared dead in utero due to a misread ultrasound and delayed emergency care, but was later born alive with severe brain damage, cerebral palsy, and quadriplegia.

The hospital was found to be 100% negligent for failing to meet the medical standard of care. The jury awarded $78,404,669, including $64.9 million in future medical costs, $10 million for pain and suffering, and $1.5 million to the mother for emotional distress. Post-trial rulings upheld a present value of $35.6 million.

$46 Million Verdict – Child Sexually Abused in Family Home – Abuser’s Spouse Failed to Intervene

A Northern California jury awarded $46,042,000 to M.S., a child sexually abused by convicted offender Dana McGowan between 2017 and 2020. The defendant’s wife, Terriann Kuhlmann, was found negligent for failing to prevent the abuse, despite witnessing multiple warning signs. The court held her 40% liable under a negligence theory, as she owed a duty to protect child guests in her home.

The damages included $20 million in past pain and suffering, $25 million in future pain and suffering, $262,000 for medical expenses, and $780,000 for future lost earnings. The verdict was covered in part by homeowner’s insurance.

$17.5 Million Settlement – Deputy’s Patrol SUV Jumps Curb, Killing Two Children

Maria Solis Munoz and her sons, Jose (7) and Marco (9), were walking home from school when a Los Angeles County Sheriff’s Department SUV driven by Deputy Carrie Robles ran a red light, collided with another vehicle, and veered onto the sidewalk. Both boys were struck and killed, and Munoz suffered severe pelvic injuries.

Evidence showed Robles failed to use both lights and the siren before entering the intersection. Munoz sued the deputies and the county for negligence and emotional distress from witnessing her sons’ deaths. The county agreed to a $17.5 million pretrial settlement covering wrongful death and personal injury claims.

$8.75 Million Settlement – Motorcyclist Witnesses Wife’s Death in Crash

Brian Buzenus and his wife, Patricia, were riding a motorcycle when a company vehicle made a left turn in front of them, causing a fatal crash. Patricia died at the scene; Brian suffered physical injuries and witnessed his wife’s death. He filed a negligent infliction of emotional distress claim and sought economic damages, as Patricia was co-owner of their construction business.

Their three adult children also sought damages for the loss of their mother’s companionship. The defense admitted fault, and the parties reached an $8.75 million settlement during mediation, covering emotional, financial, and physical damages.

$5.3 Million Verdict – Patient Falls Off X-Ray Table, Later Dies with Severe Bedsores

Madeline Hanson was undergoing a lumbar puncture at Community Hospital in Munster when she fell off an X-ray table, fracturing her hip and injuring her leg. During her extended hospitalization and rehabilitation, she developed severe pressure ulcers and infections, eventually passing away over a year later.

Her husband, George Hanson, sued the hospital for wrongful death, medical negligence, and negligent infliction of emotional distress, arguing that staff failed to prevent the fall and properly manage her care.

The hospital denied liability, claiming Madeline contributed to her fall and had complicating health issues. The jury awarded $5,304,946, finding the hospital liable for her hip and pressure wound injuries, though not for her death.

How to Sue for Emotional Distress

To sue for emotional distress, you must first determine whether the distress resulted from negligent or intentional actions. In most cases, you’ll need to prove that the defendant’s behavior was extreme and outrageous, and that it directly caused you to suffer severe emotional distress.

You should start by documenting your symptoms and seeking help from mental health experts, as treatment records and expert witnesses are key to building a strong case. An experienced attorney can evaluate whether your situation qualifies under state laws and help gather evidence, including witness statements and circumstantial evidence.

How Long Do Victims Have to Sue for Emotional Distress?

The deadline depends on your state’s statutes of limitations and the nature of the claim. Most states give victims one to three years to file, starting from the date of the traumatic incident. However, under the discovery rules, the time limit may begin when the victim reasonably discovers the emotional distress or links it to the defendant’s actions.

Whether your claim involves negligent or intentional infliction of emotional distress, acting within the legal timeframe is essential. Missing the deadline usually means losing the right to seek compensation.

Book a Free Consultation

If you or a loved one has suffered emotional distress due to someone else’s actions, you don’t have to face it alone. Speaking with an experienced attorney can help you understand your legal rights and whether you may be entitled to compensation. These personal injury claims can be complex, especially when involving severe physical symptoms or long-term psychological effects.

A free consultation gives you the chance to ask questions, review your options, and decide the next steps, without any financial risk. Contact us today.