Emotional pain is real — and in many cases, legally compensable. Here’s when and how to sue.
Not all injuries are physical. In the eyes of the law, severe emotional harm can be just as damaging — and yes, sometimes you can sue for it.
Here’s when a claim for emotional distress is valid, what you’ll need to prove, and how much you might recover.
1. Two Types of Emotional Distress Claims
Most states recognize two types:
- Intentional Infliction of Emotional Distress (IIED): Someone’s behavior was extreme, outrageous, and meant to cause you harm.
- Negligent Infliction of Emotional Distress (NIED): Someone’s careless action caused you serious emotional trauma, even if they didn’t mean to.
2. What Must Be Proven?
You’ll typically need to show:
- Severe emotional suffering (anxiety, depression, PTSD)
- Evidence like therapy records or diagnoses
- A connection between their actions and your distress
Third-party witnesses and a mental health professional’s testimony help strengthen your case.
3. Common Scenarios
- Workplace harassment or discrimination
- Witnessing a traumatic accident
- Medical negligence or mishandled diagnoses
- Threats, stalking, or emotional abuse
4. Potential Compensation
If successful, you could be awarded:
- Therapy and treatment costs
- Pain and suffering damages
- Loss of income if your distress disrupted your work
Final Word
If someone’s actions left you emotionally shattered, the law may be on your side. Use Vikk AI to explore your legal options with a personal injury attorney near you.
