Can You Sue for Emotional Distress?

Can You Sue for Emotional Distress?

Filing an emotional distress claim may seem straightforward, but the legal requirements to do so can vary widely depending on what happened and where.



Key Takeaways

• You may be able to sue for emotional distress when another person’s intentional or negligent conduct causes serious psychological harm.
• Emotional distress may be included in a personal injury claim or, in some cases, support a separate civil lawsuit.
• Strong evidence for emotional distress may include medical and therapy records, witness statements, a personal journal and proof that the distress disrupted daily life.
• Many emotional distress claims have a two-year deadline, but Colorado motor vehicle claims and other exceptions may follow different rules.

Some accidents leave more than physical scars. A crash, a fall or another traumatic event can shake you in ways that don't show up on an X-ray. You might feel anxious behind the wheel, lie awake at night or struggle to get through an ordinary day. That kind of harm is real, and it can affect your health, your work and your relationships long after the physical wounds heal.

When someone else's actions caused that suffering, you may wonder about your legal options. Can you sue for emotional distress?

What Is Emotional Distress?

Emotional distress is mental suffering caused by a traumatic or harmful experience. It may include:

• Anxiety
• Depression
• Fear
• Humiliation
• Grief
• Post-traumatic stress disorder

The term “emotional distress” is a broad legal description rather than one specific medical diagnosis. In a personal injury case, emotional distress may be part of the harm caused by a physical injury. It may also support a separate claim in limited circumstances.

Ordinary stress, disappointment or hurt feelings generally aren’t enough to count as emotional distress. The distress typically must be serious and connected to wrongful conduct.

When Can You Sue for Emotional Distress?

A person may be able to sue when emotional distress results from intentional misconduct or negligence.

Examples include:

• Severe anxiety after a car accident
• PTSD following an assault
• Lasting psychological harm caused by extreme and outrageous behavior

The requirements for emotional distress depend on the claim and state law. A claimant generally must connect the defendant’s conduct to significant emotional harm.

Intentional Infliction of Emotional Distress

Some emotional distress is intentionally inflicted. If the person causing the distress didn't realize what they were doing, an intentional-infliction claim may be difficult to prove, although a negligence claim may still be possible. Each case is unique, and its strength depends on the conduct, severity of harm and evidence.

It’s not feasible for an individual to go to court every time someone’s behavior upsets them. Courts generally restrict intentional infliction of emotional distress claims to severe situations.

Although the legal requirements differ by state, a claimant generally must show:

• The person’s conduct was extreme and outrageous.
• The person intended to cause distress or recklessly disregarded the likelihood of causing it.
• The conduct caused the claimant’s emotional distress.
• The resulting distress was severe.

Physical symptoms and disruptions to everyday life may also demonstrate serious distress.

Negligent Infliction of Emotional Distress

Negligent infliction of emotional distress happens when someone's carelessness, rather than an intentional act, causes serious psychological harm. These claims can be hard to prove because the person didn't mean to cause distress.

In some states, this isn't treated as its own legal claim. Instead, it falls under general negligence law, meaning the claimant must meet the standard requirements for negligence: duty, breach, causation and damages.

Because emotional distress is harder to verify than a physical injury, many states add an extra safeguard by requiring proof connecting the claimant to some form of physical harm or danger. This typically takes one of three forms:

• Some states require the claimant to have been physically struck or touched.
• Others allow a claim if the person was in the "zone of danger," meaning they were at risk of physical harm even without being touched.
• Others accept proof that the emotional distress later caused physical symptoms.

For example, a person involved in a car accident may not have an obvious injury at the scene but may later develop tremors, panic attacks or other documented symptoms. In states that recognize the physical-symptom approach, this kind of evidence could help satisfy the claim's requirements.

What Are the Signs of Severe Emotional Distress?

Emotional distress can develop immediately after an accident or become more noticeable over time. Common signs include:

• Feelings of helplessness or hopelessness
• Constant worry, fear or panic attacks
• Changes in appetite or mood
• Nightmares or difficulty sleeping
• Fatigue and trouble completing daily tasks
• Social withdrawal or difficulty concentrating
• Headaches, stomach problems, tremors or unexplained pain

The National Institute of Mental Health explains that traumatic events can cause emotional and physical reactions, including anxiety, sleep problems, frightening thoughts and difficulty concentrating.

Symptoms vary by person and situation. They become relevant to a personal injury claim when evidence connects them to an accident or another defendant’s conduct and shows a serious effect on health or daily life.

Can You Sue for Emotional Distress Without a Physical Injury?

A physical injury can strengthen an emotional distress claim by making the connection to the accident easier to prove, but it isn't required in every case. Claims based on intentional and outrageous conduct may focus primarily on the severity of the psychological harm itself, without needing physical proof.

Negligence-based claims typically face tighter restrictions. Depending on state law, a claimant may need to show physical symptoms, direct exposure to danger or another basis the state recognizes for recovery. When there's no visible injury, treatment records and testimony become especially important to establishing the claim.

What Is the Statute of Limitations for an Emotional Distress Lawsuit?

How long you have to file a civil suit for emotional distress depends on your state, the type of claim and what caused the distress. In Arizona, the law usually gives you two years to file a personal injury lawsuit. California also usually gives you two years if someone else's wrongful or careless act caused your injury.

In Colorado, most claims, including "outrageous conduct," have a two-year deadline. But if a car accident caused a bodily injury or property damage, you usually get three years instead.

If you wait too long to file, the court may dismiss your case. Still, some exceptions can extend the deadline. In Arizona, for example, the clock may pause if the injured person was under 18 or of unsound mind when the incident happened. If the person being sued leaves the state, that can also change how the deadline is calculated.

Claims against government agencies often have much shorter deadlines for filing notice. Don't assume the general deadline applies to your case. Check with an experienced personal injury lawyer to be sure.

Can a Bystander Sue for Emotional Distress?

There are times when a bystander observes an event that causes severe emotional distress. Examples include:

• A fatal car accident involving a close family member
• A violent assault on a spouse, parent or child
• A shooting that seriously injures or kills a close family member

The person suing may not have suffered a physical injury, but witnessing the incident seriously affected them. Courts may consider whether the claimant was present when the injury they witnessed occurred, understood what was happening at the time and had a close relationship with the injured person. Requirements vary by state.

What Are the Next Steps in Suing for Emotional Distress?

Mental suffering deserves the same attention as any other injury, and you don't have to figure out your options alone. Sargon Law Group represents injured people throughout Arizona, California and Colorado. Our firm handles a range of injury claims, from car and motorcycle accidents to premises liability and wrongful death cases.

We offer free consultations, work on a contingency fee basis and are available around the clock to answer questions. That means you pay nothing upfront while your case moves forward. If someone else's conduct caused you serious emotional harm, connect with a personal injury attorney at Sargon Law Group today to see if you can sue for emotional distress.