Can You Sue Someone for Emotional Distress?
A personal injury doesn’t necessarily have to be physical. In fact, if you take a closer look at a personal injury lawsuit involving physical injury, you’ll often find a section dedicated to emotional damages, referred to as “pain and suffering.”
So, can you sue someone for emotional distress?
Can You Sue Someone for Emotional Distress?
If you are injured through the malicious intent of someone else or through that person’s negligence, you may be entitled to file a personal injury lawsuit for your physical injuries. But what about the emotional effects of suffering those injuries? What if, as a result of the event causing the injuries, you develop panic attacks, have ongoing anxiety, are depressed, or have suicidal thoughts?
Can you sue for someone for emotional distress?
In California, the answer is “yes,” depending on the situation. Most states allow you to sue for emotional distress as part of the overall “pain and suffering” you have to endure as the result of physical injury. You can seek compensation for pain and suffering in addition to any economic damages (medical bills, lost wages, etc.) related to your injuries.
The amount of non-economic damages (like emotional distress damages) can vary greatly depending upon the nature of your injuries and the jurisdiction where your personal injury lawsuit is filed.
There is another way to get compensated for emotional distress, too. You may be able to negotiate a settlement with your insurance company that includes damages for emotional distress.
Some states, including California, actually allow you to sue for emotional distress without having sustained a physical injury – again, depending on the circumstances.
The law looks at emotional distress from several angles including whether it was caused intentionally or through negligence, how egregious the causing behavior was, whether you were the victim or an affected bystander of the event, and how seriously you were affected.
Let’s take a look at some of these factors.
Intentional Infliction of Emotional Distress (IIED)
You can sue for the intentional infliction of emotional distress in California without having to show physical injury. You do have to show that the defendant has intentionally – or with reckless disregard – inflicted emotional distress on you through some outrageous act.
To win your case, you would have to show that:
- The defendant acted in an outrageous manner
- The defendant’s actions were intentionally meant to cause you emotional distress, or the defendant acted with reckless disregard of the possibility that the actions would cause you emotional distress
- You did suffer emotional distress that no reasonable person is expected to endure (e.g. fright, ongoing anxiety, grief, humiliation, or worry)
- The defendant’s actions were a substantial factor in causing the emotional distress
Outrageous conduct can be anything considered unacceptable, uncivilized behavior. For example, someone threatens to kill you or your loved one. Or someone threatens to shoot you and points a gun at you, or threatens to break all your bones and shows you the hammer he will use. This is extreme and outrageous behavior with intent to cause harm and inflict emotional distress.
Negligent Infliction of Emotional Distress (NIED)
The defendant’s actions need not be intentional. California recognizes negligent infliction of emotional distress (NIED) as well. You can sue for the careless actions of another that cause you emotional distress.
There are also other differences besides intent or negligence. California recognizes two types of NIED claims – direct claim and bystander claim.
To win a direct claim for negligent infliction of emotional distress, you would have to prove that the defendant was negligent, that you suffered emotional distress, and that the negligent act was a substantial factor in causing you that emotional distress.
You can file a bystander claim if you suffered serious emotional distress from witnessing injury or death to a person with whom you had a close relationship, and feel that the injury or death was caused by a defendant’s negligent action.
You could have a valid claim if you experienced mental or emotional anguish from seeing or believing that a close family member would suffer grave injury. For example, a husband is following his wife in a car and arrives to witness the immediate aftermath of the wife’s severe injury caused by the defendant’s reckless driving. This a case for NIED.
Requirements for a NIED claim
It is not enough to be just “upset” or have “hurt feelings” to have a legitimate claim for NIED. In addition to establishing negligent conduct, there are two other requirements for an NEID claim to be successful.
In some states, there is a requirement that your emotional harm is so severe that it created physical symptoms – like loss of appetite or sleeplessness. These symptoms need not be severe. But they should be observable. While this is required elsewhere, California no longer requires physical symptoms in NIED claims.
The other requirement is a set of three rules, one of which is followed in every state: the foreseeability rule, the zone of danger rule, or the impact rule.
Foreseeability Rule
This rule is followed in a majority of states and a says the defendant must have been able to reasonably predict that his or her actions could result in the negative consequences experienced by you (the plaintiff).
Zone of Danger Rule
The zone of danger rule is followed in many states and requires that you (the plaintiff)were close enough to the defendant’s negligent act that you were at immediate risk of physical harm. This rule limits a NIED claim to the emotional harm based almost exclusively on fear of injury.
The Impact Rule
The impact rule is followed in only a few states and requires that something (anything, really) contacted or impacted you as a result of the defendant’s negligent act. This can be a pebble or the percussive effect of an explosion, for example. And although the impact is minor, the defendant’s action must still be negligent.
Conclusion
If you have been emotionally scarred by a personal injury to yourself or a loved one, you may have a valid claim for pain and suffering, which includes emotional pain. You may be even more likely to recover damages if you are in a “fragile class” like the elderly, the disabled, or pregnant women.
Compensation for emotional distress can be significant. So, whether the damage was caused intentionally or through negligence, and whether the damage was to you or a loved one, you should consult an attorney to see if you have a case for emotional distress.
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