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Emotional distress can be as debilitating as a physical injury. This article provides answers to common questions about when you can file a lawsuit and recover damages for emotional distress.
What is Emotional Distress?
Emotional distress is a legal term encompassing mental pain, suffering, or anguish resulting from someone else’s negligent or intentional actions. U.S. tort law generally recognizes emotional distress (often called “pain & suffering”) as a type of injury that can justify monetary damages. However, many states only award damages for emotional distress directly caused by physical harm.
Emotional distress can manifest in various ways, including anxiety, depression, insomnia, fatigue, and weight changes.
Emotional Distress and Physical Harm
Traditionally, common law dictated that plaintiffs could only recover damages for emotional distress or pain & suffering directly linked to physical injuries. For instance, a plaintiff with a broken leg from a car accident could receive damages for the pain & suffering caused by the fracture. However, if the emotional distress wasn’t related to a physical injury, damages weren’t allowed. This meant you couldn’t sue for emotional distress alone.
Over time, many states broadened this rule, allowing lawsuits for emotional distress even without a related physical injury. For example, certain mental injuries like post-traumatic stress disorder (PTSD) or depression can sometimes form the basis of tort claims, even without physical harm.
Common Types of Emotional Distress Lawsuits
Here are some common types of civil lawsuits based on emotional distress alone, without any related physical injury. These cases fall into two categories: emotional distress resulting from negligent actions and emotional distress resulting from intentional actions.
Negligent Infliction of Emotional Distress
If you’re physically injured due to someone’s negligence (e.g., a car accident caused by careless driving), you can file a personal injury lawsuit and seek damages for emotional pain and suffering related to those physical injuries.
But what if a car accident causes no physical injuries, yet the shock of the accident leads to psychological trauma like PTSD? Can you sue for negligent infliction of emotional distress even without physical injuries? In most states, the answer is no.
To successfully sue for negligent infliction of emotional distress, you must show that the mental stress directly caused some physical reaction. For example, if PTSD or anxiety caused hives or tremors. If these physical symptoms are definitively linked to emotional distress, many states allow damages to be recovered.
Bystander / Zone of Danger Exception
Most states don’t allow claims for negligent infliction of emotional distress without physical injury. However, a major exception exists when the plaintiff is a bystander or within the zone of danger. The bystander rule allows negligent infliction of emotional distress claims without physical injury if the plaintiff witnesses a friend or relative being physically harmed nearby.
For example, imagine a mother walking across the street with her 5-year-old daughter when a negligent driver runs a red light, killing the daughter but not touching the mother. Although the mother has no physical injuries, she suffers emotional trauma from witnessing her daughter’s death. In many states, the mother could sue the negligent driver for intentional infliction of emotional distress because she was in the “zone of danger” when a family member suffered serious physical harm.
Intentional Infliction of Emotional Distress
Many states recognize and allow lawsuits based on intentional infliction of emotional distress, even without physical harm. To win an intentional infliction of emotional distress case, a plaintiff must prove:
- The defendant’s conduct was “extreme and outrageous” and directed at the plaintiff.
- The defendant acted intentionally or recklessly.
- The plaintiff suffered serious emotional distress as a result.
Each of these elements is discussed below.
Extreme and Outrageous Conduct
The first element is “extreme and outrageous conduct” by the defendant. The definition of extreme and outrageous actions varies among states that recognize this tort. Generally, the defendant’s actions must be more than offensive, insulting, or malicious to meet the “extreme and outrageous” threshold. The standard is high, otherwise, anyone with hurt feelings could sue.
To be “extreme and outrageous,” the defendant’s actions must go beyond the bounds of human decency. This is subjective and depends on the case’s circumstances. Ultimately, the jury decides whether the defendant’s conduct was extreme and outrageous. Repeated racial slurs could be considered extreme and outrageous.
Intentional or Reckless
The second element requires the plaintiff to prove the defendant acted intentionally or recklessly. This means showing that the defendant specifically intended to cause severe emotional distress or should have reasonably understood that their actions would cause serious emotional distress. Proving intent is tricky, requiring circumstantial evidence to establish the defendant’s thoughts, absent an admission.
Severe Emotion Distress
The final element requires the plaintiff to show they suffered severe emotional distress due to the defendant’s intentional actions. The key term is “severe.” Ordinary emotional distress isn’t enough. The plaintiff must show that the emotional distress was well beyond what a normal person would be expected to endure. Duration, intensity, and any physical symptoms connected to the emotional distress can help establish this element.
How Do You Prove Emotional Distress in Court?
Proving emotional distress in court requires presenting evidence and establishing certain elements to demonstrate the impact and severity of the distress. Requirements vary by jurisdiction and case specifics, but here are some general considerations:
Direct Testimony
The individual claiming emotional distress can testify about their experiences, feelings, and the distress’s impact on their life. This includes details about the specific incidents or actions that caused the distress and the resulting emotional and psychological effects.
Expert Witness Testimony
Mental health professionals, such as psychologists or psychiatrists, can provide expert testimony to support the claim of emotional distress. They can evaluate the plaintiff and offer their professional opinion on the nature and severity of the distress, its causation, and any long-term effects.
Medical Records
Medical records and documentation from healthcare providers may be relevant in establishing the existence and extent of emotional distress. These records can show diagnoses, treatments received, medications prescribed, therapy sessions attended, and any other medical evidence that supports the claim.
Corroborating Witnesses
Testimony from friends, family members, or other individuals who have observed the plaintiff’s emotional distress or its effects can be invaluable. When you get testimony corroborating the plaintiff’s claims from someone other than the plaintiff, it makes the case much stronger.
Emotional Distress in Birth Injury Lawsuits
Courts are increasingly recognizing emotional distress as part of medical malpractice claims generally and birth injuries in particular. Along these lines, in 2023, the Connecticut Supreme Court ruled that a mother, who faced a traumatic delivery resulting in her son’s permanent injuries, can proceed with her lawsuit against a hospital for emotional distress. The mother had experienced a series of complications leading to a painful delivery process and a cesarean section that left her child with severe injuries. She initiated a lawsuit both on her son’s behalf and for her own severe emotional distress from the ordeal.
The Connecticut Supreme Court upheld the trial judge’s refusal to dismiss the claim. The court noted the prevailing view that a mother and fetus are physically and emotionally inseparable before birth. Thus, any physical injury to the child during birth is also a physical injury to the mother, making both joint victims of potential medical malpractice. The court’s focus was specifically on the mother’s claim of emotional distress due to her child’s injuries.
Emotional Distress Settlement Amounts and Jury Payouts
Below are summaries of verdicts and settlements from emotional distress cases involving claims for intentional or negligent infliction of emotional distress. Keep in mind that intentional or negligent infliction of emotional distress is rarely asserted as a standalone claim in a lawsuit. It is more often included as an additional claim in connection with other intentional tort claims, such as wrongful termination or false imprisonment.
$473,568 Verdict (California 2024): The plaintiffs, a married couple, had a close relationship with the defendant. The defendant reportedly represented he had early access to stock and warrant deals involving a merger and solicited the plaintiffs to invest in two companies. The defendant reportedly represented he had cancer and had a top-end oncologist. The plaintiffs’ father was diagnosed with cancer, and they asked the defendant if his oncologist could provide a second opinion on the condition of the father. The defendant reportedly agreed and gave them a purported medical opinion from his oncologist who advised that further treatment for the father would not help. Both the medical opinion and the stock investment representations were lies and the plaintiffs sued for intentional infliction of emotional distress. The verdict included $150,000 in punitive damages.
$1,116,698 Verdict (Florida 2024): The plaintiff, an Uber driver, reportedly picked up former a NFL football player for an Uber ride. He claimed the defendant was intoxicated and began to behave in an aggressive, hostile manner, which included directing numerous verbal threats at him. The plaintiff reportedly feared for his safety and pulled his car over, stood on the sidewalk and filmed the defendant’s behavior. The defendant allegedly exited the vehicle, approached the plaintiff and slapped him, causing the plaintiff to drop his cell phone. The defendant reportedly picked up the plaintiff’s cell phone before the plaintiff could retrieve it. The plaintiff said he asked the defendant to give him his cell phone, but the defendant walked away with the phone. He sued for IIED and was awarded $1.1 million.
If you or a loved one has experienced emotional distress due to someone else’s actions, contact Nguyen Injury Lawyer for a consultation. Our attorneys can evaluate your case and advise you on your legal options. Call us at (713) 747-7777 or visit our website at https://www.nguyeninjurylawyer.com. You can also reach us through our contact page: https://www.nguyeninjurylawyer.com/contact.
Notable Emotional Distress Case Outcomes
Reviewing outcomes in prior emotional distress cases can provide insight into potential compensation amounts. Please remember that each case is unique, and prior results do not guarantee future success.
Here are some examples of emotional distress settlements and verdicts:
$247,500 Settlement (New Jersey 2023):
In a heartbreaking case, a 3-year-old girl tragically died after being struck by the defendant’s vehicle while riding her tricycle. The girl’s mother and two siblings witnessed the accident and subsequently sued the driver for the emotional distress they suffered as a result. Claims for negligent infliction of emotional distress are permitted in these specific types of cases in many states.
$2,417,523 Verdict (Oregon 2023):
This employment discrimination case involved two plaintiffs who reported what they believed were violations of state and federal laws by the Oregon Department of Corrections. As a result of reporting the alleged violations, they claimed they were demoted and reassigned. The verdict included $1.6 million for economic damages and $850,000 for emotional distress.
$3,500,000 Verdict (Virginia 2023):
A 54-year-old woman was driving on the highway when a truck driver attempted to merge into her lane, but lacked sufficient space. The truck collided with the rear of her vehicle, causing her to lose control, veer off the interstate, and flip over. The plaintiff allegedly sustained injuries, including a traumatic brain injury and post-traumatic stress disorder. The verdict included a significant award for emotional distress.
$45,034 Verdict (North Dakota 2022):
The plaintiff filed claims against her ex-husband for assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and fraud/deceit. She alleged that the defendant’s threats, stalking, and assaults caused her emotional harm. The verdict included $32,500 for emotional distress.
$150,000 Settlement (Idaho 2022):
In this case, the plaintiff, a transgender, nonbinary member of the LGBTQ community, had worked at the Boise Public Library for several years. The plaintiff alleged that the Library Director took steps to terminate their employment after a patron harassed them at a Pride display within the library. The entire settlement was allocated to emotional distress.
$665,000 Verdict (Arizona 2021):
A mother and her two sons sued the state’s child protection agency for intentional infliction of emotional distress (IIED) and violations of other state laws. They claimed the agency wrongfully removed the boys from their mother’s home for four months without justification.
$411,459 Verdict (Georgia 2020):
Claims for intentional infliction of emotional distress were brought, along with claims for malicious prosecution, based on allegations that the plaintiffs were falsely accused of committing fraud.
$6,012,158 Verdict (California 2018):
The plaintiff claimed she was harassed and wrongfully terminated from her position as a Rite Aid pharmacist in retaliation for taking a leave of absence for mental health reasons. She also asserted claims of intentional infliction of emotional distress.
$37,925 Verdict (California 2017):
A woman successfully sued her ex-boyfriend for posting sexually explicit videos and photos of her on the internet after their relationship ended. Nguyen Injury Lawyer is receiving more calls regarding these types of claims than in previous years.
How Much Can You Sue for Emotional Distress?
When determining the potential value of an emotional distress claim, it is important to know that few jurisdictions specifically cap emotional distress damages. However, broader limitations often exist on pain and suffering damages, which can impact the potential recovery in emotional distress cases.
In legal terms, “caps” refer to the maximum amount of money that can be awarded for certain types of damages. While specific caps on emotional distress are rare, many jurisdictions do limit awards for non-economic damages, including pain and suffering, which often encompasses emotional distress.
The existence and specifics of these caps can vary significantly by state or country. For instance, some U.S. states may have caps on non-economic damages in medical malpractice cases, which indirectly limit the amount that can be claimed for emotional distress in such situations.
These caps can significantly affect the amount a plaintiff can expect to recover, even if their emotional distress is severe. Plaintiffs should consider these limitations when filing lawsuits, as the recoverable amount may not fully compensate them for their actual suffering. Contact Nguyen Injury Lawyer at (713) 747-7777 or visit our contact page to discuss the specifics of your case.