When you think about personal injury cases, it’s easy to imagine physical injuries like broken bones or whiplash. But not all injuries are visible. Emotional distress can take a serious toll on your life, and in many situations, you can seek compensation for the psychological harm caused by someone else’s actions. If you’re wondering whether you can make a claim for emotional distress without physical injuries, we’ve got you covered.
What Is Emotional Distress?
Emotional distress is the psychological impact of a traumatic event. It might show up as:
- Anxiety or panic attacks
- Depression
- Post-traumatic stress disorder (PTSD)
- Sleep problems, like insomnia or nightmares
- Loss of enjoyment in life
- Emotional pain or grief
These struggles can affect your ability to work, maintain relationships, or enjoy the things you used to love.
Can You Claim Compensation for Emotional Distress Without Physical Injury?
The short answer? Yes—but it depends on the specifics and your state’s laws. Emotional distress claims usually fall under non-economic damages in personal injury cases. Sometimes, they can even be standalone claims under legal concepts like:
- Intentional Infliction of Emotional Distress (IIED): When someone’s extreme or outrageous actions cause severe emotional harm.
- Negligent Infliction of Emotional Distress (NIED): When someone’s carelessness leads to emotional harm, even without physical injury.
What Makes an Emotional Distress Claim Strong?
To win an emotional distress claim, you need to show that the psychological impact is significant and clearly linked to what the other person did. Here’s what helps:
- Serious Emotional Impact: The distress has to go beyond minor inconvenience—it needs to be severe.
- Proof and Documentation: Therapy notes, medical records, or testimony from a mental health professional can back up your claim. Even journals or accounts from friends and family about how your behavior has changed can help.
- A Clear Connection: You’ll need to tie your emotional distress directly to the event.
- State Laws: Some states require a physical injury to file an emotional distress claim, while others don’t.
Common Situations Where Emotional Distress Claims Succeed
These claims are more likely to succeed in scenarios like:
- Witnessing a traumatic event, such as a loved one’s severe injury or death
- Being harassed, bullied, or defamed
- Experiencing discrimination or workplace misconduct
- Accidents where psychological harm is evident, like narrowly avoiding serious injury
Steps to Take for Filing an Emotional Distress Claim
Think you might qualify for compensation? Here’s what to do:
- Talk to an Attorney: Emotional distress laws differ from state to state, so get expert advice early.
- Keep Records: Track your symptoms, treatment, and how the distress has affected your life.
- Gather Evidence: Collect medical records, therapy notes, or proof of the event that caused your distress.
- File Your Claim: Your attorney will guide you through the process and build a strong case for compensation.
Emotional distress is real, and it matters. Whether it’s caused by negligence or intentional wrongdoing, you deserve support and fair compensation for the mental and emotional toll it’s taken on your life. An experienced personal injury attorney can help you understand your options and fight for what you’re entitled to.
Not sure if your situation qualifies? Don’t wait to seek legal advice. You’re not alone, and help is available to get you the justice you deserve.
Need Help with Your Case?
Contact Personal Injury Association and we will put you in contact with a lawyer that can assist you with your case.