Emotional Distress Lawsuit: Examples & How To Sue Someone

Emotional distress lawsuits are legal pathways designed to help individuals who have suffered significant mental anguish due to another person’s intentional or negligent actions.

Emotional distress can take many forms, from anxiety and depression to long-term psychological trauma like post-traumatic stress disorder (PTSD). These legal claims allow victims to seek compensation for their suffering, highlighting the importance of recognizing mental health impacts as legitimate injuries in the eyes of the law.

In the United States, courts have become increasingly receptive to emotional distress cases, awarding damages for the profound psychological toll such incidents can have.

Key Takeaways:

• Emotional distress lawsuits can result in compensation ranging from $10,000 to $6 million.
• Common cases include workplace harassment, family disputes, or medical errors.
• Courts use methods like the multiplier (e.g., 1.5 to 5x special damages) or per diem ($100–$300/day) to calculate payouts.
• Over $6 million was awarded to a Rite Aid employee for wrongful termination and emotional distress.

What Is Emotional Distress?

In legal terms, emotional distress is defined as mental suffering or anguish caused by another person’s actions — whether intentional or negligent.

It falls under the broader category of non-economic damages, which address injuries that cannot be easily quantified, such as emotional trauma or psychological harm. Emotional distress damages are often awarded in cases where a victim has endured severe mental suffering.

The psychological effects of emotional distress can manifest in various ways, profoundly affecting an individual’s life:

• Anxiety Disorders: Chronic worry, panic attacks, or obsessive thoughts.
• Depression: Persistent sadness, loss of interest in daily activities, and withdrawal from loved ones.
• Sleep Disorders: Insomnia, recurring nightmares, or difficulty maintaining restful sleep.
• Physical Symptoms: Stress-related ailments such as headaches, weight fluctuations, or trembling hands.

The impact of emotional suffering on an individual’s quality of life can be as devastating as a physical injury. Emotional distress lawsuits exist to hold perpetrators accountable and provide victims with the resources needed to recover.

For example, courts have awarded damages to plaintiffs who experienced severe emotional distress after witnessing traumatic events, such as the death of a loved one or being subjected to intentional harassment.

Types of Emotional Distress Lawsuit

Emotional distress lawsuits can be categorized based on the nature and intent of the defendant’s actions.

Intentional Infliction of Emotional Distress (IIED)

Intentional Infliction of Emotional Distress occurs when someone’s extreme and outrageous conduct is deliberately intended to cause harm. The plaintiff must prove that the behavior was so egregious that it exceeded all bounds of human decency and directly resulted in significant emotional trauma.

Example:

• White v. Monsanto Co., 585 So. 2d 1205

Ms. White sued Monsanto and McDermott for extreme and outrageous conduct aimed at causing severe emotional distress. The court evaluated whether the actions met the legal standard for IIED, requiring intentional, reckless, and egregious behavior.

Negligent Infliction of Emotional Distress (NIED)

Negligent Infliction of Emotional Distress occurs when the defendant’s lack of reasonable care results in emotional suffering for the plaintiff. While physical injury is often a requirement in these cases, some jurisdictions recognize claims based on psychological harm alone if supported by substantial evidence.

Example: Thing v. La Chusa (California)

This landmark case established specific criteria for bystander claims of Negligent Infliction of Emotional Distress in California. The court ruled that plaintiffs must be closely related to the victim, present at the injury scene, and directly witness the harm caused to claim NIED.

This case significantly shaped the application of NIED claims by setting clear limitations to avoid overly broad liability.

Workplace-Related Emotional Distress Claims

Workplace environments can be a significant source of emotional distress, particularly in cases involving harassment, discrimination, or wrongful termination. The emotional trauma stemming from these situations often impacts an employee’s professional and personal life.

Example: Maria Martinez v. Rite Aid

In 2018, Maria Martinez, a Covina woman and longtime pharmacy technician, was awarded $6 million by a California jury. The case involved wrongful termination after 23 years of employment with Rite Aid. Martinez claimed that the termination caused significant emotional distress, financial instability, and mental anguish. The jury recognized the emotional trauma inflicted and ruled in her favor.

Family Disputes and Emotional Distress

Family-related conflicts can lead to profound emotional distress, particularly in cases of divorce, custody battles, or domestic abuse. These situations often blur the lines between emotional and financial harm, making them uniquely challenging.

For instance, a parent involved in a contentious custody dispute might experience ongoing anxiety, depression, or even PTSD. Similarly, victims of domestic abuse frequently suffer emotional trauma that requires therapy and other forms of mental health support. Courts may award damages if the plaintiff can provide sufficient evidence of the harm caused.

Medical Malpractice and Emotional Distress

Emotional distress lawsuits often arise in the context of medical malpractice, where errors or negligence result in significant psychological harm. Misdiagnoses, surgical errors, and traumatic childbirth experiences are common causes.

Example: Escobar-Santana v. State of Connecticut

In 2023, the Connecticut Supreme Court ruled in favor of Ms. Escobar-Santana, a mother who endured emotional distress due to a traumatic childbirth that left her child permanently injured. The court recognized her psychological suffering as part of the medical malpractice claim. This case set a precedent for including emotional distress damages under medical malpractice in Connecticut.

Emotional Distress in Family Contexts

Family disputes, especially those involving long-standing conflicts or traumatic events, can lead to profound psychological harm. These situations often leave individuals grappling with emotional distress that disrupts their lives, relationships, and mental well-being. Emotional distress lawsuits in family contexts seek to address the harm caused, offering victims a chance for justice and compensation.

Divorce and Custody Battles

High-conflict divorces and contentious custody disputes frequently cause severe emotional distress. Parents involved in these cases often experience anxiety, depression, or post-traumatic stress disorder (PTSD) due to the prolonged stress of legal battles and strained familial relationships. The effects of these disputes can ripple into other areas of life, such as work performance and overall health.

Domestic Abuse Cases

Domestic abuse, whether physical injuries or psychological, is a leading cause of emotional distress in family contexts. Victims often endure years of manipulation, threats, and violence, leaving lasting scars on their mental health. Emotional trauma in these cases is not limited to the victim; children who witness abuse are also at high risk of developing anxiety, depression, and behavioral issues.

Documenting Emotional Distress

Victims must provide compelling evidence to substantiate their claims. Common forms of evidence include:

• Therapy Records: Notes from sessions with mental health professionals documenting symptoms such as PTSD or depression.
• Witness Statements: Testimonies from friends, family members, or neighbors who observed the abuse or its impact.
• Incidents of Physical Trauma: Medical records detailing injuries that are connected to the emotional distress claim.

Example Case:
In a 2022 Idaho case, a woman was awarded $150,000 in damages after enduring years of emotional and physical abuse from her spouse. The plaintiff successfully demonstrated that the abuse caused her chronic anxiety, insomnia, and an inability to maintain employment.

Balancing Emotional and Financial Implications

Family disputes often blur the lines between emotional and financial harm, making these cases particularly complex.

• Therapy Costs: Victims of emotional distress may require long-term counseling or psychiatric care, which can be costly and further exacerbate financial strain.
• Lost Wages: Prolonged emotional suffering can hinder one’s ability to work, leading to lost income.
• Legal Fees: Navigating family-related lawsuits often involves significant legal expenses, adding another layer of stress.

While monetary compensation can alleviate some of these burdens, it cannot fully address the emotional toll. For example, a parent who loses custody of their child may find the financial settlement cold comfort compared to the psychological impact of the separation.

Emotional Distress in the Workplace

Workplace-related emotional trauma often arises from toxic environments or unjust treatment.

Harassment and Discrimination

Harassment and discrimination are among the leading causes of emotional distress in the workplace. Employees subjected to repeated verbal abuse, threats, or offensive behavior may experience long-lasting psychological harm.

Discrimination based on race, gender, sexual orientation, age, or disability exacerbates this distress, particularly when the discrimination is systemic or normalized within the workplace culture.

Examples of Workplace Harassment:

• Persistent derogatory remarks from colleagues or supervisors.
• Sexual harassment, including unwelcome advances or inappropriate comments.
• Bullying or micromanagement is designed to undermine an employee’s confidence.

Wrongful Termination

Being unfairly dismissed from a job can lead to severe emotional distress, especially when the termination is abrupt or perceived as unjust. Wrongful termination often leaves employees grappling with financial instability, damaged professional reputations, and a deep sense of betrayal.

Psychological Harm from Termination:

• Loss of self-esteem and confidence.
• Anxiety about future employment opportunities.
• Financial strain contributes to stress and depression.

Documenting Workplace Incidents

Proper documentation is essential for building a strong emotional distress case related to workplace issues. Detailed records provide evidence to stand up in court or during settlement negotiations. For proving emotional distress, documentation establishes the connection between workplace incidents and the psychological harm suffered.

Laws Protecting Employees from Emotional Harm

Numerous federal and state laws are in place to protect employees from workplace-related emotional distress:

• Title VII of the Civil Rights Act (1964): Prohibits discrimination based on race, gender, religion, or national origin.
• Americans with Disabilities Act (ADA): Protects individuals from discrimination based on disabilities, including mental health conditions.
• State Labor Laws: Many states have specific provisions addressing workplace harassment and emotional harm.

Employers are legally obligated to create a safe and inclusive work environment. Failing to address harassment or discrimination can result in significant legal consequences, including emotional distress lawsuits.

Emotional Distress in Medical Malpractice

Medical malpractice is a common cause of emotional trauma, often involving high-stakes situations like misdiagnoses or surgical errors.

Traumatic Birth Injuries

Childbirth-related emotional trauma frequently arises from medical negligence. Issues like delayed cesarean sections, inadequate fetal monitoring, or failure to address complications can result in both physical and psychological harm. For instance, a mother who endures a traumatic delivery resulting in her child’s permanent injuries may develop symptoms of PTSD or severe anxiety tied to the event.

Beyond immediate distress, parents often face long-term emotional consequences, such as fear of future pregnancies or feelings of guilt. In a notable Connecticut case, a mother successfully sued for emotional distress after her child suffered permanent injuries during a botched delivery. This case highlighted the court’s growing acknowledgment of emotional suffering in birth-related medical malpractice claims.

Misdiagnoses and Errors

Receiving an incorrect diagnosis or undergoing an unnecessary medical procedure can leave patients grappling with severe emotional distress. Misdiagnoses often lead to inappropriate treatments, prolonged suffering, or irreversible damage, compounding the emotional toll.

For example, being falsely diagnosed with a terminal illness can result in significant psychological harm, such as depression or anxiety, even if the mistake is later corrected. Patients may also experience feelings of betrayal and mistrust toward medical professionals, which can discourage them from seeking necessary future care. These factors are often critical components in emotional distress lawsuits.

Legal Recourse for Patients

Courts increasingly recognize the psychological impact of medical malpractice, allowing patients to seek compensation for emotional distress damages. Medical records, therapy documentation, and expert testimony from psychologists or psychiatrists are crucial in building a strong case.

In some cases, courts also consider the broader implications of emotional trauma, such as how it affects a patient’s relationships, career, or ability to function in daily life. For instance, a plaintiff who develops PTSD after a surgical error may provide evidence of missed work or a diminished quality of life to support their claim.

How To File an Emotional Distress Lawsuit

Filing an emotional distress lawsuit can feel overwhelming, but breaking the process into manageable steps makes it more approachable. Following these key stages ensures you build a solid case and maximize your chances of receiving fair compensation for your suffering.

1. Recognizing Emotional Distress Symptoms

The first step in pursuing an emotional distress lawsuit is identifying symptoms that may qualify as psychological harm. Common signs include anxiety, depression, chronic insomnia, panic attacks, or feelings of hopelessness.

Understanding these effects as potential grounds for legal action is crucial, especially when they interfere with your ability to work, maintain relationships, or perform daily activities.

2. Collecting Evidence

Strong evidence is essential for proving emotional distress in court. Start by gathering medical records from therapists or mental health professionals documenting diagnoses, treatment plans, and prescribed medications. Include therapy invoices to demonstrate the financial burden caused by your distress.

Also, obtain witness testimonies from friends, family, or coworkers who can attest to changes in your behavior or mood. Documentation that shows how the distress has impacted your daily life, such as missed workdays or reduced productivity, can further strengthen your case.

3. Consulting a Lawyer

An experienced attorney plays a vital role in navigating the complexities of an emotional distress lawsuit. They will evaluate the strength of your case, guide you through legal requirements, and help collect additional evidence.

Lawyers also ensure that all claims meet state-specific standards, such as statutes of limitations, and identify any additional claims, like negligence or intentional infliction of emotional distress, that may apply.

4. Filing the Complaint

The legal process formally begins when your lawyer files a complaint with the court. This document outlines the specific claims, including the type of emotional distress suffered, the damages sought, and the actions of the defendant that caused your harm.

Filing the complaint initiates the discovery process, where both parties exchange evidence and build their cases. From this point, your attorney will handle negotiations or prepare for trial, ensuring your case moves forward effectively.

Requirements for an Emotional Distress Claim

To succeed in an emotional distress lawsuit, plaintiffs must meet certain requirements:

1. Medical Documentation: Evidence from therapists or doctors detailing the psychological harm experienced.
2. Witness Testimonies: Statements from friends, family, or coworkers who observed the emotional suffering.
3. Impact Evidence: Proof of how the distress affected work, relationships, or daily life.
4. Duration and Severity: Demonstrating prolonged or intense mental suffering.

Compensation in Emotional Distress Cases

Compensation for emotional distress lawsuits varies widely, depending on the severity of the case and the evidence presented. Courts typically categorize damages into three types: general, special, and punitive. The amount awarded is influenced by calculation methods, such as the multiplier method or per diem method, and can range from thousands to millions of dollars.

General Damages

General damages cover non-economic losses like pain, suffering, and mental anguish. These damages are subjective and often based on the severity of the emotional trauma.

• Example Range: Using the multiplier method, if special damages total $50,000 and the multiplier is 3 (common in moderate cases), the general damages awarded could be $150,000.
• Notable Case: A California jury awarded $850,000 in 2023 for emotional distress caused by workplace retaliation, emphasizing the significant impact of prolonged mental anguish.

Special Damages

Special damages address quantifiable financial losses associated with emotional distress, such as therapy costs, medical expenses, and lost wages. These damages are easier to calculate and form the basis for general damage calculations using the multiplier method.

• Example Range: Therapy costs averaging $150 per session over a year can total $7,800. Lost wages from missing three months of work at $4,000 per month could add another $12,000.
• Per Diem Example: If a jury assigns a daily emotional distress value of $200 for 180 days, the victim may receive $36,000 in special damages.
• Notable Case: In a 2022 Idaho case, a library employee received $150,000, including therapy coverage and lost wages following workplace harassment.

Punitive Damages

Punitive damages are reserved for cases involving intentional misconduct or extreme negligence. They aim to punish the defendant and deter similar behavior rather than compensate the victim for specific losses.

• Example Range: Punitive damages often exceed general and special damages, particularly in egregious cases. For instance, a jury may award $1 million or more for intentional infliction of emotional distress, as seen in a 2018 California wrongful termination case where the plaintiff received $6 million in total damages.
• Multiplier Impact: In severe cases, where the multiplier is closer to 5, the combined damages (special, general, and punitive) can escalate significantly.

Calculation Methods

Courts often rely on one of two common methods to calculate emotional distress damages:

1. Multiplier Method: Adds up special damages and multiplies by a number between 1.5 and 5, depending on the severity of the case.
   • Example: $20,000 in special damages multiplied by 4 (for a severe case) would result in $80,000 in general damages.
2. Per Diem Method: Assigns a daily value (e.g., $200/day) to the victim’s suffering and multiplies it by the number of days the distress persists.
   • Example: $200 per day for 180 days equals $36,000.

Potential Payout Ranges

• Mild Cases: $10,000–$50,000 for short-term distress with minor financial impacts.
• Moderate Cases: $50,000–$500,000 for prolonged emotional distress and significant financial losses.
• Severe Cases: $500,000–$6 million for cases involving extreme psychological harm, intentional misconduct, or punitive damages.

Emotional Distress FAQs 

How Do I Prove Emotional Distress In Court?

In order to prove emotional distress in court you will need to provide medical records, witness statements, and documentation of how distress impacts your daily life, supported by evidence of physical or psychological symptoms.

What Is The Difference Between Emotional Stress and Emotional Distress?

The difference between emotional stress and emotional distress is that emotional stress is temporary and less severe, while emotional distress is long-lasting, significantly impacts daily life, and may require medical treatment.

Can I Sue My Employer For Emotional Distress?

Yes, if the distress results from workplace harassment, discrimination, or wrongful termination, you can sue your employer for emotional distress. However, it’s important to remember that you must be able to provide supporting evidence.

What’s The Statute Of Limitations For Filing an Emotional Distress Claim?

The Statute of Limitations varies by state, typically between 1 and 3 years. Consult an attorney to confirm the timeframe in your jurisdiction.

How Much Compensation Can I Expect?

Compensation ranges from $10,000 to over $6 million, depending on the severity of the distress and the supporting evidence.

Do I Need a Lawyer To File A Claim?

While not required, a lawyer increases your chances of success by gathering evidence, meeting legal standards, and negotiating for fair compensation.

Conclusion

Emotional distress can take a heavy toll on your life, but it’s important to remember that you don’t have to face it alone. If you’ve experienced emotional harm because of someone else’s actions, there are legal options to help you seek justice and compensation.

The process might feel overwhelming, but taking the right steps—like keeping records and talking to a lawyer—can make a big difference. A legal professional can guide you and help you understand your rights. Don’t hesitate to reach out for support and take action to get the help you deserve.

Disclaimer: The information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a licensed attorney for legal guidance regarding their specific situation. The content is not intended to create, and receipt of it does not constitute an attorney-client relationship.