Everything About Suing for Emotional Distress in California

A lot of people question whether suing for emotional distress is possible, and if so, what’s the process? Here in California, this is a very real occurrence.

Read further for all the details.

Introduction

Filing a lawsuit against someone for a physical injury or some other tangible situation is common and rather easy to move through the courts. You have documentation, visible evidence, and so forth that can help with court proceedings.

Though things are not always that easy. There are certain situations in which individuals are injured and/or harmed, but not in a physical way. Emotional distress almost always occurs, but it is hard to prove. After all, how can you sue someone for something nobody can see?

Emotional distress is very real and California has laws in place to protect those who suffer from it. Here’s everything you need to know.

Examples of Emotional Distress

Just as we cannot physically see the effects of emotional distress, we cannot put limits on what constitutes it. Since traumatic events and injuries can affect each person differently, we’ve put together a list of the most common examples of emotional distress brought before the courts in California.

They are:

• Emotional trauma
• Suffering
• Anguish
• Humiliation
• Grief
• Shock
• Mental distress
• Fright and horror
• Emotional harm
• Shame
• Worry and nervousness

How It Occurs

While not always, those who pursue a claim of emotional distress are often also involved in a larger personal injury claim – referencing a physical injury. This, for instance, may possibly be due to the emotional trauma one has experienced due to the injuries, pains, and loss of function that resulted from a violent attack or even an automobile accident. Though, it does not have to be. For example, if a neighbor does something you think may be out of spite or even revengeful – and your feelings are hurt – you cannot sue for emotional distress. However, without a physical injury, there are situations in which emotional distress can occur.

Here are a few examples:

• You have been put in imminent danger or find yourself fearing for your personal safety.
• You have been the victim of character defamation.
• You have witnessed something tragic, such as a death or physical injury, happen to someone close to you – at the hands of someone else.
• You have been diagnosed with a mental health disorder that was caused by the behavior or conduct of someone else – despite no physical contact.

Keep in mind that emotional distress can occur in many ways and that these are only a few of the most common types of cases that appear in the court system.

In California, there are two types of cases that may be filed:

1. Intentional Infliction of Emotional Distress
2. Negligent Infliction of Emotional Distress.

We are going to take a deeper look at both.

Intentional Infliction of Emotional Distress in California (IIED)

IIED is a claim that may be filed without having to show physical injury. Instead, as the name suggests, it is emotional distress that stems from intentional infliction by the defendant. This is often due to extreme behavior. While there are many types of IIED cases that make their way before the courts in California, a couple of examples are those who receive repeated threats from someone or being on the receiving end of a cruel joke.

Because we cannot see emotional distress – including that of intentional infliction – you must be able to prove that it exists. With your claim, you should be able to prove that:

• The actions and behavior of the defendant played a huge role in causing emotional distress.
• The actions and/or behavior of the defendant were extreme.
• The actions and/or behavior of the defendant was intentional – and was meant to cause emotional distress.
• The defendant acted in reckless and careless disregard for the emotional distress or impact his or her actions would have on the plaintiff.
• The plaintiff suffers from emotional distress (such as grief, shame, humiliation, worry, etc.) at a higher-than-normal level as a result of the defendant’s behavior and/or actions.

Negligent Infliction of Emotional Distress in California (NIED)

Another type of claim that is filed in California for emotional distress is called the Negligent Infliction of Emotional Distress, also known as NIED. As evident by the name, the difference between NIED and IIED is that the distress stems from negligence (or carelessness) rather than an intentional act.

NIED consists of two types of claims: direct and bystander.

Direct Claims

A direct claim occurs when the plaintiff is the direct recipient of the negligence. For those who suffer emotional distress and have a direct claim they’d like to bring to court, he or she must be able to prove:

• The negligence of the defendant.
• The emotional distress that resulted.
• That the emotional distress was directly related to the negligence.

Direct claims of emotional distress are not always the easiest cases to prove in court. Many California courts will allow it in a few situations, such as a misdiagnosis of a serious disease or a serious breach of confidentiality.

Bystander Claims

As opposed to direct claims, a bystander NIED claim occurs when the negligence is directed at a 3^rd party and the plaintiff was a bystander who witnessed the act. To bring a bystander claim of emotional distress before the court, you must be ready to prove:

• That the person who received the direct action by the defendant has a close relationship with the plaintiff.
• The defendant caused the negligent act.
• The emotional distress suffered by the plaintiff is a direct result of this.

Most often these types of cases arise from seeing a loved one attacked or killed, such as by hand or car. The resulting emotional distress interferes with life and compensation is sought.

Seeking Legal Help

All emotional distress cases are difficult to prove in California courts because, as we have discussed, there are a lot of things that must be proven. It is best to speak to an attorney to determine whether or not you have enough facts to prove your case or what other options you may have.

Although it may be hard to prove, emotional distress can negatively impact your life and is nothing to dismiss. Talk to a lawyer today.

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