But can you sue someone for emotional distress?
The quick answer is yes. However, your lawsuit doesn’t have a chance of succeeding unless the other person has done something particularly heinous.
Keep reading to learn how to file your suit.
What is Emotional Distress?
Emotional distress is severe mental trauma. The injury is non-physical. If you witness or experience something terrible, you may have a valid emotional distress claim.
No one can look at you and diagnose your mental suffering. You can appear completely normal yet feel as though you’re being tortured.
Symptoms of emotional distress include:
- Trouble eating
This can be the result of intentional or accidental actions by other people. A good lawyer can help you defend yourself.
What Kind of Claim Can I Make?
There are two different types of emotional distress claims that you can make in court.
1. Negligent Infliction of Emotional Distress (NIED)
This describes a situation that’s either unintentional or accidental. The defendant didn’t mean to cause distress.
An example would be deciding to sue your high school because a teacher or student repeatedly harassed you. If you complained about the treatment but nothing was done, your school failed you.
A NIED lawsuit would be appropriate if you suffered mental health damage. These types of lawsuits are also common in workplace disputes.
2. Intentional Infliction of Emotional Distress (IIED)
You can file an IIED lawsuit if the defendant’s actions were deliberate or dangerous. The situation needs to be very serious. For example, developing an eating disorder because someone called you fat, while unfortunate, isn’t a good basis for a lawsuit.
If, however, someone committed an outrageous act of violence in front of you, you might have a real case.
Try to learn more about suing for emotional distress before you make any decisions.
Do I Have a Strong Claim?
There are a couple of different factors affecting your claim. You can’t wait forever. Most states have a statute of limitations.
You should file as soon as possible. Your case will be stronger that way.
You also need to document everything. Did your doctor prescribe antidepressants? Are you having trouble sleeping?
Do whatever you can to bolster your case.
Different states have different requirements when it comes to bringing forth a lawsuit. One common feature is that it’s not enough to just have your feelings hurt. The damage needs to be severe.
And your reaction needs to be normal. If you’re unusually sensitive, that’s not an excuse to penalize someone else.
Can You Sue Someone for Emotional Distress?
If someone wrecks your life but you don’t have any physical injuries, you might start wondering “can you sue someone for emotional distress?”
It’s not an easy path to go down but you can do it. Especially if you have an attorney fighting at your side.
Our site is full of advice for lawyers and the people who need them. Check us out when you have questions.