Can You Sue for Emotional Distress Without Physical Injury?

In most personal injury cases, emotional distress damages accompany physical injuries. But can you sue for emotional distress alone, without any physical injury? The answer depends on your state's laws and the specific circumstances of your case.

Types of Emotional Distress Claims

Negligent Infliction of Emotional Distress or NIED allows recovery when someone's negligence causes you severe emotional distress. Many states require a physical manifestation of the distress such as insomnia, weight loss, or anxiety attacks. Intentional Infliction of Emotional Distress or IIED allows recovery when someone's extreme and outrageous conduct intentionally causes you severe emotional distress. Bystander claims allow recovery when you witness a close family member being seriously injured or killed.

Average Settlement Amounts

Mild emotional distress settles for $5,000 to $25,000. Moderate emotional distress with treatment settles for $25,000 to $100,000. Severe emotional distress such as PTSD settles for $50,000 to $500,000. Bystander emotional distress claims settle for $50,000 to $300,000.

Proving Emotional Distress

Diagnosis from a mental health professional. Records of therapy and treatment. Documentation of how the distress affects your daily life. Testimony from family and friends about changes in your behavior.

Conclusion

Emotional distress claims without physical injury are possible but more challenging to prove. Strong medical documentation is essential.

Use our free settlement calculator to estimate what your case might be worth.