When Can You File a Claim for Emotional Distress?

You can file a claim for emotional distress when someone else’s actions caused serious mental suffering. It can happen because they were either too careless and did not take enough caution, or because they actually meant to cause you pain or harm.

To pursue compensation, you must generally show that the other party acted wrongfully, that your emotional suffering is serious and ongoing, and that there is a clear connection between their conduct and your distress.

In the United States, the law understands that emotional harm is still harmful. A person can file a claim and ask for compensation if the emotional suffering has significantly impacted their day-to-day life.

This is called an emotional distress lawsuit. It exists because mental pain can affect a person’s whole life.

When You Can Actually File

Before the law allows you to bring an emotional distress suit to court, you need to be able to establish that:

• Someone did something wrong, either on purpose or by being careless.
• You suffered real harm, either physically or mentally.
• There is evidence linking their actions to your distress.

The law does not recognize a claim based on a temporal state of mental unrest that you suffered. Before a claim can be supported and recognized, the distress must be serious, sustained, and demonstrable.

And of course, you need to have evidence to prove that your suffering is a direct effect of the defendant's actions.

Common Types of Emotional Distress Cases

Negligent Infliction of Emotional Distress

Negligent infliction of emotional distress (NIED) happens when someone suffers serious emotional harm because another person was careless.

The person in question does not have to mean to cause harm. What matters in a case like this is that they failed to act with reasonable care.

And then their negligence went on to cause emotional distress that could have been reasonably expected.

Intentional Infliction of Emotional Distress

The law can sometimes allow a separate claim for intentional infliction of emotional distress (IIED). This is usually when the person engaged in an act with the actual intent of causing harm. Or, if they acted with very reckless disregard, not minding that their actions could possibly cause harm.

Intentional or reckless means they either meant to hurt you or they should have known that what they were doing would hurt you. Their actions need not necessarily be planned or premeditated. It just had to be shown that they caused some damage, and did not stop even after.

Before you can file an IIED claim, you have to establish that:

1. The person did something extreme or outrageous. 
2. They did it on purpose or were reckless and should have known it would hurt you.
3. You suffered extreme emotional distress because of it.

Severe emotional distress refers to a feeling that is higher than just temporary discomfort. A person who suffers from this will notice a significant decline in their psychological health, daily life and overall quality of life. This is also a potential side effect of neglectful conduct that the law allows you to seek compensation for. And you can do so with an emotional distress lawsuit.

Key Takeaways

• Emotional distress is the mental pain and psychological trauma that an accident victim suffers.
• This is pain that could have been avoided if the other party had not been negligent or intentionally hurtful.
• Victims have full rights to file claims and seek compensation for their pain and suffering.
• It's sometimes possible to file for emotional distress if there is no physical harm, but a lot of solid evidence would be needed to buttress this claim.
• Intentional or reckless actions that are extreme and outrageous can be a reason to sue.
• Bystanders or people in the zone of danger can sometimes file claims even without physical injury.
• You need proof: medical records, witnesses, or expert testimony.