Can You Sue a Company for Emotional Distress?

Key takeaways about suing for emotional damages

• It may be possible to sue a company or an individual for emotional distress, but it requires proof that you were harmed and that the defendant is responsible.
• Several types of evidence can help you in an emotional distress lawsuit, such as connecting the onset of your symptoms to the defendant’s actions.
• Some states limit how much a plaintiff can collect in damages in a mental anguish lawsuit.

In law, emotional distress is a response related to a particular condition, event or pattern of events. The term is typically interchangeable with mental anguish. In many cases, emotional distress accompanies a physical injury, but it’s possible to sue only for emotional distress.

Symptoms that may qualify as emotional distress include:

• Anxiety
• Depression
• Post Traumatic Stress Disorder (PTSD)
• Changes in appetite
• Fatigue
• Irritability
• Poor memory
• Sleep disorders
• Substance abuse
• Unexplained guilt
• Uncontrollable worrying

Tort law and mental anguish lawsuits

Tort law recognizes two actions that bring about emotional distress:

• Intentional infliction of emotional distress (IIED): A party intentionally inflicted emotional distress. Examples include physical threats, gossip campaigns, sexual harassment, or stalking.
• Negligent infliction of emotional distress (NIED): A party’s negligent actions cause another party to experience emotional distress. Examples include being the witness of a violent crime, being affected by professional malpractice or witnessing someone’s negligent behavior physically harm a loved one.

Who can be sued for emotional distress?

Any individual or company whose actions or negligence cause another person to suffer significant emotional distress can potentially be sued. The plaintiff may need to demonstrate a major ongoing impact to their life, and in some cases, physical manifestations of harm.

Motley Rice attorneys have represented individuals in emotional distress lawsuits against large, influential organizations. For example, problematic social media use is linked to mental anguish. This has led to lawsuits against social media companies.

These lawsuits argue that the defendants created features that addict children and teens. Young users’ brains are still developing, making it more difficult for them to resist social media app features that encourage frequent use. Many of the behaviors and symptoms linked to emotional distress are also related to social media addiction.

Other clients include sexual abuse victims. Our law firm was instrumental in securing a settlement for former Boy Scouts who endured sexual abuse. Motley Rice attorneys also reached a settlement on behalf of former students who were sexually abused when they attended a South Carolina preparatory school.

Can a plaintiff be compensated for mental anguish alone?

It’s possible to sue for IIED or NIED as independent claims in some jurisdictions. An attorney with experience in mental anguish litigation can evaluate the applicable laws in your state.

Even in states that allow standalone emotional distress lawsuits, winning a judgment or settling is challenging. It is sometimes difficult to present tangible evidence of harm. An attorney can evaluate your situation and suggest strategies that may show the defendant’s role in your mental health issues and quality of life.

Contact an attorney with mental health lawsuit experience

If you’re considering suing for emotional distress, a Motley Rice attorney with experience in mental anguish law can evaluate your case. Our law firm can help you gather evidence and navigate the legal process.

For more information, contact our team by filling out our online form or calling 1.800.768.4026.

You will be required to prove your emotional distress claim. Below are elements of a potentially strong emotional distress claim.

• Provable cause and effect: Connect the onset and duration of your mental anguish to the defendant’s actions.
• Evidence of strong emotional issues: Show that your emotional distress impacts your quality of life and is more than a short-lived condition.
• Physical symptoms linked to emotional distress: Examples include disordered eating, gastrointestinal issues, headaches, insomnia, or ulcers, to name a few.
• An event that initiated the symptoms: This could include events like an assault or surviving a mass casualty event.
• Medical records and witness testimony: Helpful evidence could include:
  • Medical records from a medical professional proving you received treatment or medication
  • Personal journals
  • Witnesses who can testify about when and how your behavior changed

Compensation in an emotional distress lawsuit is usually related to:

• Healthcare costs
• Lost wages
• Physical pain and suffering

The exact amount of compensation is difficult to predict. Every case has a unique set of circumstances.

Also, some states have “damages caps” for certain types of lawsuits. These caps vary greatly depending on the jurisdiction. An attorney with mental anguish law experience can determine whether caps may apply to your lawsuit.

In rare cases, courts may award punitive damages as well.

Motley Rice attorneys have extensive experience representing plaintiffs whose lawsuits include emotional distress among the harms suffered. Defendants in these cases include large, well-funded organizations such as the Catholic Church and Boy Scouts of America. Clients include:

• Families whose children have birth defects
• Parents who witnessed their child experience a traumatic brain injury
• Parents whose children were harmed by defective baby formula
• Sexual abuse victims
• Women who have been harmed by defective birth control devices

Learn more about our experience litigating child sexual abuse lawsuits and youth social media harm lawsuits.

Sources

1. Cornell Law School. emotional distress.
2. Family Psychiatry & Therapy. 5 Ways to Prove Emotional Distress.
3. FindLaw. Can I Sue for Emotional Distress?
4. FindLaw. How to Prove Emotional Distress.