Emotional trauma can be just as devastating as physical injury—sometimes more so. If someone’s extreme or negligent conduct caused you severe psychological harm, you may be able to sue for emotional distress damages.
This guide explains the two types of emotional distress claims and what you need to prove.
Two Types of Emotional Distress Claims
Intentional Infliction of Emotional Distress (IIED)
IIED applies when someone deliberately causes you severe emotional harm through outrageous conduct. You must prove:
- Extreme and outrageous conduct – Behavior beyond all bounds of decency
- Intent or recklessness – The defendant intended to cause distress or knew it was likely
- Severe emotional distress – More than ordinary upset or hurt feelings
- Causation – The conduct directly caused your distress
The “extreme and outrageous” standard is intentionally high—otherwise, anyone with hurt feelings could sue.
Negligent Infliction of Emotional Distress (NIED)
NIED applies when someone’s carelessness causes you emotional harm. Requirements vary by state but typically include:
- Duty of care – The defendant owed you a duty
- Breach – They failed to meet that standard
- Causation – Their breach caused your emotional distress
- Damages – You suffered actual harm
Note: Some states (like Texas) don’t recognize NIED claims at all. Others require physical symptoms or that you were in the “zone of danger.”
Recent Emotional Distress Verdicts
Uber Driver Assault – $1,116,698 (Florida 2024)
According to the Lawsuit Information Center, an Uber driver picked up former NFL player Navorro Bowman, who was intoxicated and became aggressive, directing verbal threats at the driver. When the driver pulled over and filmed the behavior, Bowman slapped him. The jury awarded over $1.1 million for intentional infliction of emotional distress.
Wrongful Child Removal – $665,000 (Arizona 2021)
A mother and her two sons sued the state child protection agency for IIED after the boys were removed from her home for four months without justification. The family received $665,000 plus injunctive relief.
Rite Aid Pharmacist – $6,012,158 (California 2018)
A pharmacist was harassed and wrongfully terminated after taking mental health leave. The jury awarded over $6 million, including substantial damages for intentional infliction of emotional distress and retaliation.
What Qualifies as “Extreme and Outrageous”?
Courts have found the following conduct sufficient:
- Threatening violence or death
- Sustained harassment or stalking campaigns
- Deliberately destroying someone’s reputation with lies
- Exploiting a position of power to humiliate someone
- Mishandling of a deceased family member’s remains
- Falsely telling someone their loved one died
Generally not sufficient on its own:
- Insults, even if cruel
- Single incidents of rude behavior
- Offensive jokes
- Ordinary workplace stress
Proving Severe Emotional Distress
Evidence that strengthens your case:
- Medical records – Diagnosis of anxiety, depression, PTSD
- Therapy records – Ongoing mental health treatment
- Prescription records – Medications for psychological conditions
- Expert testimony – Psychologist or psychiatrist opinion
- Physical symptoms – Insomnia, weight loss, headaches, ulcers
- Impact on daily life – Inability to work, relationship problems
Damages Available
- Compensatory damages – For emotional suffering, mental anguish, loss of enjoyment of life
- Medical expenses – Therapy, medication, hospitalization
- Lost wages – If distress prevented you from working
- Punitive damages – To punish particularly egregious conduct (IIED cases)
Common Situations for Emotional Distress Claims
- Workplace harassment – Often combined with discrimination claims
- Car accidents – Witnessing death or severe injury
- Medical malpractice – Misdiagnosis, surgical errors
- Wrongful death – Emotional impact on surviving family
- Assault and battery – Psychological trauma from violence
- Defamation – Reputation damage causing distress
State Law Variations
Emotional distress claims vary significantly by state:
- Texas – Does not recognize NIED; only IIED claims available
- California – Broader recognition of both IIED and NIED
- New York – Requires physical injury or being in “zone of danger” for NIED
- Washington – No caps on non-economic damages; 3-year statute of limitations
Frequently Asked Questions
Do I need physical symptoms to sue?
It depends on your state. Some require physical manifestation of distress; others don’t. Having documented physical symptoms strengthens any case.
Can I sue my employer for emotional distress?
Possibly, but workplace claims often go through workers’ compensation first. Extreme harassment, discrimination, or retaliation may support an IIED claim.
What’s the statute of limitations?
Typically 1-3 years depending on your state. The clock usually starts when the distress-causing conduct occurred.
Can I sue if I only witnessed something traumatic?
Yes, in some states. “Bystander” claims are recognized when you witness serious injury or death of a close family member, though rules vary significantly.
Also available for:
