Can You Sue for Emotional Distress?

Reviewed by Carina Jenkins, J.D.

If you’re with it concerning legal terminology, you know that a “personal injury” is not always physical. In order to have a viable personal injury case (among other qualifiers), you need to have suffered an injury — but that injury can be physical or mental.

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So, can you sue someone for emotional distress? The answer to this question may be complicated.

To claim you’re the victim of emotional distress, you need to meet a certain standard defined by your state’s laws. In general, an emotional distress lawsuit claims that the plaintiff struggles with long-lasting psychological trauma as a result of the actions of the defendant. In many cases, emotional distress is considered a component of pain and suffering when someone experiences a life-altering injury.

Common signs of emotional distress include:

• Feelings of hopelessness, sadness, worthlessness or guilt
• Flashbacks to traumatic events that caused the emotional distress
• Anxiety or panic attacks when encountering triggers that remind the victim of the trauma
• Changes in sleep patterns, eating habits or energy levels
• Severe mood swings, bouts of anger or feeling afraid

As the definition of emotional distress varies by jurisdiction, it’s important to discuss whether your experience meets the criteria with a qualified attorney.

Can You Sue for Emotional Distress?

There are several instances where you may be able to bring a lawsuit for emotional distress. The first is when someone’s actions cause long-term psychological harm due to physical suffering. For example, if you’re attacked by someone’s dog and live in fear of leaving your home because you're afraid you may be bitten again.

Emotional harm is another reason to file an emotional distress lawsuit. It’s important to show that the emotional distress was the result of deliberate actions over a long period of time that were meant to cause mental or emotional anguish. An example of emotional distress could be when a coworker verbally harasses someone repeatedly, and it leads to depression, self-esteem issues or other emotional damage.

You could also make a claim for emotional distress if someone’s failure to act is the cause of your pain and suffering. For example, if the employer overseeing the workers in the example above is aware of the harassment and allows it to continue knowing it’s having a negative impact on the victim, the employer can be sued for negligence.

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What Do You Need to Know When Suing for Emotional Distress?

The majority of legal cases that involve emotional distress also involve other types of damages. Emotional pain and suffering are often added to other compensatory damages because many cases involve more than a deliberate attempt to harm another person’s mental health. There are some hurdles that plaintiffs need to overcome if they’re looking to sue only on the grounds of emotional distress.

Free Speech Is a Common Defense

While it's possible to argue that someone’s offensive behavior is to blame for another’s trauma, speech is protected in the United States. Courts are reluctant to hear emotional distress claims that seem like they’re the result of disagreements or bad blood between two parties.

There’s a High Bar for Emotional Distress

Even if you can claim emotional distress due to defamation, deliberate harassment or other negligent actions, courts often require you to show that the defendant acted in an extreme manner. Minor infractions aren’t enough to convince a court to award damages. The legal system would be unduly burdened if people believed they could sue for emotional distress any time their feelings were hurt.

In many cases, you need to show that the defendant intentionally caused you severe emotional distress. Proving intent in court is often difficult.

It Can Be Hard to Assess Damages

If you experienced a physical injury, you should have medical bills you can show to the court. There aren’t many ways you can show economic damages resulting from emotional trauma, so it’s harder for a court to decide how to compensate you, even if you win your case.

Is It Worth It to Sue Only for Emotional Distress?

Some of the things you should consider before you bring a lawsuit include:

• Total costs: Find out how your attorney makes their money and how much litigation will cost by the time your case is complete.
• Caps on damages: Depending on the caps on damages for your state, it may not be worth it to pursue a case on the basis of emotional distress alone.
  
• Validity of your case: Ask your attorney how solid your case is and what your chances are for success.

Due to the high-risk nature of these cases, attorneys take greater care when deciding whether to represent plaintiffs suing solely for emotional trauma. It’s a good idea to review all your options with multiple lawyers, so you can get several opinions.