When people think about personal injury lawsuits, they often focus on physical harm — broken bones, bruises, or surgeries. But emotional and psychological trauma can be just as devastating. Can you sue for emotional distress? In short: yes, under certain conditions.
Emotional distress is considered a type of non-economic damage. This includes anxiety, depression, post-traumatic stress disorder (PTSD), insomnia, and loss of enjoyment of life. These mental health consequences may arise after car accidents, workplace injuries, medical malpractice, or traumatic events.
To sue for emotional distress, you’ll generally need to prove a few things:
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The defendant acted negligently or intentionally — for example, reckless driving or harassment.
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You suffered emotional harm as a result.
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There is medical or psychological evidence to support your claim.
In most cases, emotional distress is claimed along with physical injuries. However, some states allow claims for emotional distress alone, especially in cases of severe trauma.
Document everything. If you’re seeing a therapist or psychiatrist, keep those records. Journaling your symptoms and how they affect daily life can also support your case.
The compensation for emotional distress varies but can be significant if your suffering is well-documented and credible.
Legal representation is crucial, as emotional distress claims can be harder to prove and more heavily scrutinized. An experienced injury attorney can guide you through the process and maximize your recovery.
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