When most people think of personal injury lawsuits, they imagine physical injuries like broken bones or whiplash. However, emotional distress can be just as damaging—sometimes even more so. But can you sue for emotional distress in California? The answer is yes—under certain circumstances.
In this guide, we’ll explain what emotional distress lawsuits look like, the two main types of claims, how to prove your case, and what kind of compensation you may be entitled to.
What is Emotional Distress?
Emotional distress refers to significant psychological suffering caused by a traumatic event. It can include:
- Anxiety or depression
- PTSD (Post-Traumatic Stress Disorder)
- Sleep disturbances
- Fear or phobias related to the incident
- Loss of enjoyment of life
- Physical symptoms (headaches, ulcers, high blood pressure) due to stress
In California, you can claim damages for emotional distress even if you don’t have a physical injury, depending on the circumstances of your case.
Two Types of Emotional Distress Claims in California
1. Negligent Infliction of Emotional Distress (NIED)
This occurs when someone’s careless actions cause you severe emotional distress. You don’t need to prove intent—just negligence.
Example: You witness a loved one being hit by a reckless driver and suffer emotional trauma as a result.
To win an NIED claim, you must prove:
- The defendant acted negligently.
- Their negligence caused you severe emotional distress.
- A reasonable person would suffer similarly in your situation.
2. Intentional Infliction of Emotional Distress (IIED)
This occurs when someone deliberately causes you emotional harm through extreme or outrageous conduct.
Example: A landlord harasses a tenant by threatening violence, causing the tenant extreme anxiety and fear.
To win an IIED claim, you must prove:
- The defendant’s conduct was extreme and outrageous beyond normal decency.
- They acted intentionally or recklessly to cause emotional harm.
- You suffered severe emotional distress as a direct result.
How Do You Prove Emotional Distress?
Unlike physical injuries, emotional distress isn’t visible—so strong evidence is key. The more proof you have, the better your chances of winning your case.
Medical records – Proof of therapy, counseling, or medication for anxiety, depression, or PTSD.
Expert testimony – A psychologist or psychiatrist can provide professional insight into your suffering.
Texts, emails, or letters – Communications that show threats, harassment, or extreme behavior.
Physical evidence – If emotional distress caused weight loss, insomnia, or other physical symptoms, medical records can support your claim.
Witness statements – Testimony from family, friends, or coworkers who noticed changes in your behavior.
How Much is an Emotional Distress Claim Worth?
The value of an emotional distress claim varies based on factors like:
- The severity of your distress – Diagnosed conditions like PTSD or severe anxiety increase case value.
- Medical expenses – Costs for therapy, counseling, or medication can be recovered.
- Impact on daily life – Loss of work, relationships, or enjoyment of life matters.
- The defendant’s behavior – More outrageous actions may lead to higher settlements.
Recent California Cases:
Workplace Harassment: A California woman won a $1.25 million settlement after suffering emotional distress due to repeated workplace harassment.
Wrongful Death Witness: A man received $500,000 in damages after witnessing the wrongful death of his spouse in an accident.
Severe Negligence: A hospital patient was awarded $2 million for extreme emotional trauma caused by medical negligence.
When Should You Contact an Attorney?
Many people don’t realize they have a valid claim for emotional distress. If you’ve experienced severe emotional suffering due to someone else’s actions, you deserve justice.At Shaumyan & Derbarseghian, LLP, we specialize in personal injury cases, including emotional distress claims. Our experienced legal team can evaluate your case and fight for the compensation you deserve.
