When most people think of injury claims, they imagine broken bones or hospital bills. But many victims suffer from emotional distress that can be just as damaging — anxiety, depression, insomnia, PTSD. So, can you sue for emotional distress? Yes, under the right circumstances.
What Is Emotional Distress?
It refers to the mental suffering caused by another party’s negligence or intentional action. Common symptoms include:
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Anxiety or panic attacks
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Nightmares
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Mood swings
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Withdrawal from daily life
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Trouble concentrating
Two Legal Types:
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Negligent Infliction of Emotional Distress (NIED): Emotional trauma caused unintentionally (e.g., seeing a loved one injured in an accident).
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Intentional Infliction of Emotional Distress (IIED): Requires proof that the person acted outrageously or maliciously.
Proving Emotional Distress:
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Medical or psychiatric records
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Therapist or counselor reports
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Witness statements (family, coworkers)
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Personal journals
Limits and Challenges:
Emotional distress is harder to quantify than physical injuries. Some states cap non-economic damages, while others require proof of physical harm, too.
Final Advice:
Consult a personal injury attorney with experience in emotional harm cases. With proper documentation and legal guidance, you can recover damages.
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