Emotional distress is real, life-altering, and legally recognized in many personal injury cases. Whether it’s severe anxiety after a car crash, PTSD from workplace harassment, or crippling depression caused by medical negligence, psychological harm can be just as devastating as a physical injury.

According to the American Psychological Association (APA), over 8 million adults in the U.S. suffer from PTSD every year, many of whom developed it due to traumatic experiences caused by someone else’s actions. But can you sue for emotional distress? The answer is yes—but proving it requires strong evidence and the right legal strategy.

If you’ve suffered severe mental anguish due to another person’s negligence or intentional misconduct, here’s what you need to know about filing an emotional distress claim, what compensation you might be entitled to, and how an attorney can help.

What Is an Emotional Distress Claim?

 

An emotional distress claim is a legal action taken against a person, business, or institution that caused severe psychological suffering due to negligence or intentional wrongdoing. These claims are often part of larger personal injury cases (such as car accidents, medical malpractice, or workplace discrimination), but in some cases, they can stand alone.

Types of Emotional Distress Claims

 

There are two main categories of emotional distress lawsuits:

1. Intentional Infliction of Emotional Distress (IIED)

This occurs when someone deliberately engages in outrageous or extreme behavior that causes psychological harm. The behavior must go beyond rudeness or insensitivity—it has to be so shocking that any reasonable person would be horrified.

Examples of IIED:

 

• Severe workplace harassment that leads to panic attacks or PTSD.

• False accusations that ruin a person’s reputation and mental health.

• Threats of violence or prolonged emotional abuse.

• Public humiliation, blackmail, or harassment.

2. Negligent Infliction of Emotional Distress (NIED)

 

This happens when someone’s carelessness results in severe emotional harm. Unlike IIED, NIED does not require intentional harm, but rather failure to act responsibly.

Examples of NIED:

• Witnessing a horrific accident that leaves lasting trauma.

• Medical malpractice leading to unnecessary emotional suffering.

• A daycare or nursing home neglecting a loved one, causing distress.

Some states require that emotional distress claims be linked to a physical injury, while others allow standalone claims if the mental anguish is severe enough.

Since psychological suffering isn’t as visible as a broken bone, courts require substantial proof before awarding compensation. To succeed in an emotional distress claim, you must show:

 

Emotional distress lawsuits aren’t limited to one area of law—they span across multiple types of personal injury cases, including:

 

• Car Accidents – Many victims develop PTSD, anxiety, and fear of driving after a severe crash.

• Workplace Harassment or Discrimination – Toxic workplaces can lead to panic attacks, depression, and emotional breakdowns.

• Wrongful Death or Medical Malpractice – Losing a loved one due to negligence can cause overwhelming grief and trauma.

• Defamation and Public Humiliation – False accusations, character assassination, or online harassment can result in long-term mental distress.

• Negligent Handling of a Loved One’s Remains – Cases where funeral homes or hospitals mistreat a deceased person’s body can cause extreme emotional suffering for families.

If someone else’s actions caused you lasting psychological harm, you may have a case.

Challenges in Emotional Distress Cases

 

Emotional distress cases can be tougher to win than physical injury claims because:

Psychological harm is harder to quantify – Unlike broken bones, emotional pain doesn’t show up on X-rays or MRIs.
Courts require substantial proof – Without medical records, therapy notes, or expert witnesses, it’s difficult to prove distress.
Insurance companies downplay emotional harm – They often argue that mental anguish is exaggerated or unrelated to the defendant’s actions.

Having a skilled attorney can help counter these obstacles by presenting solid medical evidence and expert testimony.

How Much Can You Sue for Emotional Distress?

 

The amount of compensation depends on:

• Medical & Therapy Costs – Covers psychiatric care, counseling, medications, and other treatment expenses.
• Lost Wages – If emotional trauma prevents you from working, you may be compensated for lost income.
• Pain & Suffering – Compensation for the mental toll, anxiety, PTSD, and reduced quality of life.
• Punitive Damages – If the defendant’s behavior was especially malicious, courts may award extra compensation to punish them.

Settlements vary widely—some cases result in thousands, while others reach millions depending on the severity of distress and available evidence.

How an Attorney Can Help with an Emotional Distress Claim

If you’re considering suing for emotional distress, having an experienced attorney can make or break your case. At Harr Law Firm, we:

• Evaluate whether your case meets the legal threshold for an emotional distress claim.
• Gather critical evidence, including medical records, therapy reports, and expert testimony.
• Negotiate aggressively with insurance companies to ensure fair compensation.
• Take your case to court if needed to fight for maximum damages.

We work on a contingency basis, meaning you don’t pay unless we win your case.

Can You Sue for Emotional Distress?

Yes, you can sue for emotional distress—but winning requires strong medical evidence, legal expertise, and a solid case strategy. If you’ve suffered severe psychological harm due to someone else’s actions or negligence, you may be entitled to significant compensation.

At Harr Law Firm, we understand the long-term impact of emotional trauma and are dedicated to helping victims seek justice.

Contact us  for a free consultation. Let’s discuss your case and fight for the justice you deserve.