Emotional distress can have a major impact on your quality of life, preventing you from working, engaging with friends and family, and leading to a myriad of mental health challenges that can compound as time goes on. Let’s explore the legal definition of emotional distress and discuss when you can sue for related damages after it’s been inflicted upon you, including whether it’s possible to sue for emotional distress without physical injury in California.
Understanding Emotional Distress Claims in California
In California, emotional distress laws and related claims differ from other kinds of damages you can claim. Unlike medical expenses or lost wages, which have an objective, tangible dollar amount attached to them, emotional damages are not nearly as clear-cut. While you can sue for emotional distress in California, the subjective nature of these claims means they can be difficult to pursue, though by no means impossible.
In California, emotional distress damages are considered non-economic damages, meaning they’re not directly tied to a dollar amount. Because of this, you’ll need a skilled lawyer to help you quantify the psychological damages you received from the incident in question.
Can You Sue for Emotional Distress Without a Physical Injury?
The other common question Californians have is whether they can sue for emotional distress compensation even if they didn’t sustain a physical injury at the same time. In the past, emotional distress claims could only be applied as an additional claim for a personal injury case, but this has evolved over the years along with our understanding of mental health. Today, suing for stress and anxiety in California is possible, whether you were physically injured or not, though it all depends on how much you can quantify and prove with the help of your lawyer.
Types of Emotional Distress Claims
There are two main types of standalone claims you can make for emotional distress: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). Here’s what you need to know about them:
Intentional infliction of emotional distress
This claim is applicable if someone purposefully put you in emotional distress through deliberate or outrageous conduct. To win an IIED claim, you’ll need to be able to show that the other party went far beyond the bounds of common decency resulting in your emotional distress.
Negligent infliction of emotional distress
NIED cases apply when someone’s negligence caused serious mental harm to you. In order to prove this, you need to establish that the other party had a duty of care to you, and that the harm you’re claiming resulted from their negligence of that duty.
Proving Emotional Distress in California Courts
Proving a mental anguish lawsuit in California is much less straightforward than a physical injury claim. You must prove certain elements of your claim in order to make a successful case, such as:
- The emotional distress was inflicted either intentionally or through negligence of someone who had a duty of care
- You were a direct victim or bystander of the incident
- In cases of IIED, the conduct of the defendant was outrageous
- The defendant intended to make you feel emotionally distressed
Depending on your specific situation, your lawyer will pull from a number of sources to build your case. Evidence they’ll use might include:
- Eyewitness testimony
- Video and photo evidence
- Police reports
- Medical records
- Journal entries
- Therapy records
- Expert testimonies
Common Situations That Lead to Emotional Distress Lawsuits
Now that we understand emotional distress lawsuits a bit more, let’s explore examples of emotional distress claims and the situations that lead to them. Intentional infliction of emotional distress claims can often result from situations like extreme harassment in the workplace, racial or sexual insults, threats, verbal, emotional, and psychological abuse, or severe public humiliation.
We often see negligent infliction of emotional distress claims after situations such as witnessing a family member die or be injured due to the negligence of their employer or a drunk driver, negligent medical misdiagnosis, or tenants exposed to dangerous conditions resulting in anxiety and other emotional issues.
There is a huge range of situations that could potentially result in a successful emotional distress claim. An experienced personal injury lawyer can help you determine the strength of your case after learning about your specific situation.
Emotional Distress Damages and Compensation
Emotional distress damages are calculated differently from tangible, monetary damages. Because of this, the amount of compensation you may be able to receive depends greatly on the strength of your case and the quality of your lawyer. While most emotional distress cases do not have a specific cap, certain types are subject to limitations. For instance, medical malpractice lawsuits in California have limitations on the amount that can be claimed.
In addition to compensation for emotional distress, you may also be able to recover punitive damages from the defendant if your lawyer can prove that they inflicted emotional harm on you intentionally, particularly if their conduct was malicious or especially egregious.
Legal Challenges When Suing for Emotional Distress Alone
As with virtually any legal proceeding, suing for emotional distress without the help of a lawyer is exceptionally difficult. Because you need to try and prove the extent of your emotional distress as objectively as possible, it can be very hard to successfully prove this in court as the person who subjectively experienced the distress. This, combined with the inherent complexity of pursuing intangible, non-monetary damages, means you should always work with a skilled attorney when pursuing emotional distress claims.
Why You Need a Personal Injury Lawyer in Emotional Distress Cases
Not only will a Los Angeles personal injury lawyer help you objectively prove your claims of emotional distress, but they’ll also help to facilitate every other step of the process. They’ll help you prove a legally compensable injury, establish causation, meet the high legal standards for the specific torts in question, and quantify the damages you sustained. At the same time, they’ll use their extensive legal knowledge to prepare you for court dates, build your case, and handle the logistics of filing an emotional distress claim.
Get the Compensation You Deserve with the Law Offices of Jacob Emrani
Emotional distress claims are rarely simple, which means you need a skilled personal injury lawyer to help find the facts of your case and advocate for your interests throughout. With the right representation, you can develop a strong case and secure ample compensation for mental anguish, psychological injury, and emotional distress. If you believe you may be eligible for compensation in a case of this nature, the Law Offices of Jacob Emrani are here to help. Don’t hesitate to contact us today to schedule your initial consultation.