Can You Sue for Emotional Distress?

Emotional distress is a serious, often overlooked component of personal injury cases. Unlike physical injuries, common emotional distress claims often stem from incidents where a person wasn’t physically hurt but endured significant mental anguish. 

Emotional pain and suffering, whether resulting from a car accident, wrongful termination, or harassment, can be hidden but have the power to affect an individual’s quality of life profoundly. The life-altering consequences of mental distress can sometimes be more damaging than the initial physical trauma. 

The aftermath of a severe accident or traumatic event often includes symptoms like anxiety, depression, or even post-traumatic stress disorder (PTSD). When someone else’s extreme and outrageous conduct causes such emotional trauma, it can lead to severe emotional suffering, which may be even more devastating than physical harm. 

Victims who suffer severe emotional harm because of other’s intentional or negligent acts can have legal grounds to seek compensation under tort law. Seeking help from experienced personal injury attorneys, such as Mitch Grissim & Associates, can be crucial for successfully navigating an emotional distress lawsuit and securing fair compensation.

What is Emotional Distress?

Emotional distress is a significant negative emotional reaction to another person’s actions. This legal definition acknowledges mental suffering, such as anxiety, panic attacks, PTSD, or depression, caused by a traumatic event. 

In personal injury law, mental distress claims address the profound emotional harm someone may experience after being physically harmed or even when no related physical injury is present. 

Emotional distress is distinct from physical injuries because it focuses on the impact on an individual’s mental health rather than on the body. 

Unlike injuries that result in visible scars, psychological trauma can lead to internal, often hidden consequences. These include “hurt feelings” or intense emotional suffering that manifests as headaches, insomnia, or gastrointestinal issues, serving as evidence of the mental anguish experienced. 

Emotional distress cases are taken seriously by the courts, especially when there is compelling proof of severe emotional trauma. 

Types of Emotional Distress Claims

There are two primary types of emotional distress claims: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). 

Intentional Infliction of Emotional Distress (IIED) claims arise when a person’s extreme and outrageous conduct intentionally causes severe emotional distress. For example, if someone’s intentional acts involve malicious harassment, it can result in mental anguish and lead to an emotional distress lawsuit. 

Negligent Infliction of Emotional Distress (NIED) refers to situations in which emotional distress is caused by a defendant’s negligence rather than intentional harm.

For instance, witnessing a severe accident involving a loved one due to someone’s reckless driving may lead to an emotional distress claim from surviving family members. The plaintiff must prove that the emotional distress suffered was a direct result of the defendant’s actions, even if the harm was unintentional.

Emotional Distress in Personal Injury vs. Standalone Claims 

Emotional trauma claims are often part of a broader personal injury lawsuit, especially in situations involving physical harm, such as car accidents or medical malpractice cases. 

However, emotional distress can also be pursued as a standalone claim, especially in cases involving intentional or negligent conduct that caused emotional trauma without a corresponding physical injury. 

Emotional distress lawsuits that are part of a larger personal injury case tend to be viewed more favorably by the courts compared to those pursued independently, largely due to the presence of physical evidence that supports claims of mental anguish.

Elements of an Emotional Distress Claim 

Certain elements must be met to succeed in an emotional distress case, such as:

• Extreme and Outrageous Conduct: The defendant’s intentional infliction of harm must be extreme and outrageous enough to cause severe emotional pain.

• Severe Emotional Distress: The plaintiff must demonstrate that they suffered severe emotional distress. This proof may include emotional distress evidence like psychological evaluations or testimonies from mental health experts.

• Proof of Causation: It must be proven that the harm suffered, including any physical symptoms or mental anguish, was directly caused by the defendant’s intentional infliction of ham. 

Legal Standards to Prove Emotional Distress 

Proving emotional distress requires meeting specific legal standards, which can vary depending on state laws. In Tennessee, the burden of proof involves showing that the plaintiff experienced a highly unpleasant emotional reaction that impacted their daily life. 

Evidence such as medical records, psychological trauma evaluations, and witness statements can be used to support an emotional distress case. Mental health professionals can strengthen your claim through expert testimony, providing professional assessments that validate your psychological trauma and its impact on daily life.

Compensation Awarded in Emotional Distress Claims

Compensation for emotional distress claims often includes non-economic damages for pain and suffering, mental anguish, and emotional trauma. 

When awarding compensation for emotional distress, courts or juries may consider factors such as the severity of the emotional harm, the duration of mental suffering, and the impact on the plaintiff’s quality of life. 

Additional factors may include the nature of the defendant’s conduct, whether the emotional trauma has led to physical illness, and how it has affected the plaintiff’s relationships and ability to work. 

Compensation for emotional distress is highly individualized, and the amount can vary widely depending on the unique circumstances of each case, particularly in cases involving severe accidents, physical injury, or wrongful death. 

Calculating Emotional Distress Damages

Calculating psychological distress damages can be challenging due to its subjective nature. Common methods include the multiplier or per diem method. 

The multiplier method multiplies your economic damages (like medical bills and lost wages) by a number between 1.5 and 5, depending on the severity of your emotional trauma. The per diem approach assigns a daily rate for your suffering, multiplied by the number of days you’ve experienced distress, to reach a compensation figure.

Challenges in Pursuing an Emotional Distress Claim 

Pursuing an emotional distress lawsuit comes with challenges, particularly when proving mental distress without accompanying physical injuries, which can often be difficult. Emotional distress claims are usually met with skepticism from defendants and insurance companies, who may argue that the emotional anguish suffered is not as severe as claimed. 

Establishing a clear link between the defendant’s negligent infliction and the emotional harm suffered, along with crucial evidence like medical treatment and psychological evaluations, is crucial for a successful emotional distress claim. Skilled personal injury lawyers can help gather the evidence needed and present a strong case. 

Statute of Limitations for Emotional Distress Claims in Tennessee 

There are strict deadlines for filing a mental distress lawsuit in Tennessee. Typically, the statute of limitations is one year from the infliction of emotional distress or from when the emotional harm became apparent. 

Exceptions include claims involving minors or cases of continuous harm. Consulting with an experienced personal injury lawyer is essential to understand these exceptions and ensure your claim is filed within the necessary timeframes to preserve your right to sue for emotional harm. 

How to File an Emotional Distress Lawsuit

Filing an emotional distress lawsuit starts with consulting a personal injury lawyer who can evaluate the merits of your case. The process includes: 

• Initial Consultation: Speak with an attorney to determine if you have valid grounds to sue for emotional distress. An experienced lawyer will help you understand the specific legal requirements and whether your situation meets those standards. 

• • Gathering Evidence: Building a strong case requires critical evidence like medical records, psychological assessments, and witness testimonies. A lawyer will guide you through collecting compelling proof to support your claim.

• Filing the Lawsuit: Once the evidence is gathered, your attorney will complete the necessary paperwork and file the lawsuit in the appropriate court. Proper filing is crucial, as even minor errors can delay the case or affect its outcome. 

• Negotiation and Litigation: After the lawsuit is filed, your attorney will negotiate with the defendant or their insurance company to seek fair compensation. If a settlement cannot be reached, the case may proceed to trial, where your lawyer will represent you and present the evidence to a judge or jury. 

The lawsuit must be filed within Tennessee’s statute of limitations, with proper documentation detailing the incident, damages sought, and supporting evidence.

The Role of a Personal Injury Lawyer

Having an experienced personal injury lawyer is crucial when pursuing emotional distress claims. A lawyer will assist in building the case by gathering compelling evidence, ensuring proper documentation, and effectively negotiating with insurance companies to recover compensation.  

At Mitch Grissim & Associates, we are well-versed in state and federal laws, providing the expertise needed to navigate Tennessee’s specific legal standards for mental distress claims. Our knowledge and experience can make a significant difference in building a strong case and maximizing your chances of securing fair compensation. 

Secure Expert Legal Representation! 

Navigating an emotional distress lawsuit requires expertise, precision, and a clear understanding of local laws. Mitch Grissim & Associates offers the guidance and personalized representation needed to handle the complexities of emotional distress cases. 

If you or a loved one has suffered severe emotional harm, contact our firm today to begin your journey towards the compensation you deserve. Call 615-255-9999 or fill out our contact form to book a free legal consultation.