Broken bones and burn injuries are obvious physical injuries that can justify filing a personal injury lawsuit. But what about emotional injuries? Can victims seek legal recourse for emotional, mental, and psychological distress?
The short answer is yes. Emotional distress claims fall under personal injury law but are often more complex to prove compared to physical injuries. Unlike visible wounds, emotional trauma can be harder to quantify and may require detailed evidence to establish its impact on a person’s life.
In this article, we will explore the legal rights to sue for emotional distress, including when and how to sue. With help from an experienced Los Angeles injury attorney, you can pursue the compensation you deserve for your emotional injuries.
What Is Emotional Distress?
Emotional distress refers to the psychological suffering or mental anguish that a person endures as a result of a traumatic event. This emotional pain and suffering can arise from both physical injuries and situations where no physical harm is present but emotional trauma occurs. Emotional distress may include conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological harm that disrupts a person’s daily life and well-being
To seek compensation for emotional distress, the victim must prove that the trauma was directly caused by another party’s negligent or intentional behavior. If successful, the victim may be entitled to recover damages for the emotional pain, including the costs of therapy, diminished quality of life, or loss of enjoyment of activities once valued.
What Types of Accidents Can Cause Emotional Distress?
Severe accidents that cause emotional distress typically involve traumatic events or situations that threaten a person’s well-being or safety, resulting in anxiety, depression, PTSD, or other emotional issues. Some common types of accidents include:
- Car accidents
- Slip and fall accidents
- Workplace accidents
- Medical malpractice
- Sports injuries
- Wrongful death of a loved one
When to Sue for Emotional Distress
In California, you can sue for emotional distress directly caused by someone else’s negligent actions. For example, if a hotel owner fails to maintain safe conditions, leading to a near-drowning accident in a pool, you may have grounds to file a claim. Emotional distress claims can also arise from situations where no physical harm occurs, but extreme fear and anxiety develop.
With one-on-one assistance from a personal injury lawyer in Los Angeles, you must typically file your claim within two years from the date of the incident. This statute of limitations is crucial — missing the deadline could result in your case being dismissed.
Filing a lawsuit allows you to seek economic damages, such as medical expenses, therapy costs, or lost wages, as well as non-economic damages, such as pain and suffering, emotional trauma, or loss of enjoyment of life.
How to Sue for Emotional Distress
Suing for emotional distress can be more challenging than suing for physical injuries because emotional harm lacks visible proof. A successful emotional distress lawsuit will present evidence that demonstrates the impact of the distress and clearly connects the defendant’s actions to your emotional suffering.
In California, there are two types of emotional distress claims: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED).
Regardless of the type of claim, the following evidence is typically required:
- Evidence of negligence or intentional conduct. For NIED, you must show that the defendant failed to exercise reasonable care, directly causing your emotional distress. For IIED, you must prove that the defendant’s actions were extreme, outrageous, or intentional and directly caused your emotional harm.
- Direct causation. You must show a clear, direct link between the defendant’s actions and your emotional distress — without interference from other external events.
- Medical or psychological records. Evidence such as medical documents from therapists, psychologists, or psychiatrists is essential. This may include records of any diagnoses, treatments, or prescriptions for anxiety, depression, PTSD, or other emotional conditions related to the incident.
- Documentation of lifestyle changes. You should provide evidence of how your life has been negatively impacted since the event. This could include a journal detailing your mental health struggles, work records showing missed days, or evidence of a decline in your overall quality of life.
- Testimonies. Gathering statements from mental health professionals can strengthen your case by offering expert opinions on your emotional state. Additionally, testimonials from family, friends, or colleagues can help illustrate the changes in your mood and behavior since the accident.
To build a strong case, we highly suggest contacting a Los Angeles personal injury law firm. An experienced attorney can help you gather the evidence needed to seek justice for your emotional suffering.
Schedule a Free Consultation With the Best Personal Injury and Wrongful Death Lawyers (Los Angeles, CA)
If you or a loved one is experiencing emotional suffering following a severe accident, our Los Angeles personal injury law firm is here to help. We will ensure you understand your legal rights to sue for emotional distress and will work directly with insurance companies to secure the best compensation for your case.
John J. Perlstein has over 25 years of experience securing fair and just outcomes in personal injury and wrongful death cases. He will ensure accurate compensation for victims and surviving family members and clearance for those wrongly accused. Call (213) 583-5786 or fill out the form for a free consultation with the best personal injury attorney in Los Angeles