In California, the law recognizes the significant emotional, mental and psychological impact that a serious accident can have on a victim, in addition to physical injuries and financial losses. For this reason, a personal injury claim can result in financial compensation for emotional distress. Whether or not you can sue for emotional distress depends on your situation.
Emotional Distress With vs. Without Physical Injury
The standards for suing for emotional distress change according to whether the victim also suffered physical harm. In general, it takes less evidence to recover financial compensation for pain and suffering when it is connected to a bodily injury. However, it is still possible to sue for emotional distress without physical injury.
In California, emotional distress alone is considered a personal injury in the eyes of the law. Lawmakers recognize how substantially emotional distress can affect a victim’s life and livelihood. Distress can include mental anguish, psychological harm, post-traumatic stress disorder, reduced quality or enjoyment of life, panic attacks, insomnia, nightmares, and anxiety or depression.
If you experience significant emotional distress from witnessing a traumatic accident or seeing a loved one suffer serious injuries, without physical injury yourself, you can still receive financial compensation. However, you will have to prove that the distress had a measurable impact on your life.
Can You Sue for Emotional Distress in California?
Two Types of Emotional Distress Claims in California
There are two main types of emotional distress claims in California. The difference lies in the intent of the person or party who caused the harm in question. Emotional distress lawsuits can arise from negligence vs. intent to harm.
Negligent Infliction of Emotional Distress
A Negligent Infliction of Emotional Distress (NIED) claim in California centers on the legal doctrine of negligence, or the failure to act with proper care. Negligence has four elements: duty of care owed, duty of care breached, causation and damages.
For a NIED claim to succeed, you must have evidence that the defendant or accused party had a responsibility to prevent harm from befalling you, but negligently breached this responsibility. Examples include negligence-related car accidents, slip and falls, and workplace accidents.
Intentional Infliction of Emotional Distress
A claim filed for the Intentional Infliction of Emotional Distress (IIED) in California argues that the defendant was reckless, wanton or malicious in causing the emotional distress. In other words, the defendant intended to hurt, distress or traumatize the plaintiff with his or her words or actions. Examples include physical assault, weapon crimes and sexual assault. This type of claim could lead to punitive damages to punish the defendant in addition to pain and suffering compensation.
How to Prove Your Emotional Distress Claim
If you wish to sue someone for causing emotional distress, you need compelling evidence. Since emotional distress is invisible, unlike a physical injury, it can be difficult to prove. You can build your claim by seeking professional help and treatment for your mental and emotional symptoms.
Go to a therapist or psychiatrist for treatment and document your medical care (including any prescription medications or appointments). In addition, maintain an injury journal where you document firsthand accounts of your experience and what you are feeling. Your own notes, alongside testimony from yourself, your friends and your family members, can strengthen and build your emotional distress claim in California. For additional assistance filing and proving your case, contact an experienced Sacramento personal injury lawyer near you.