Define: Emotional Distress

Emotional distress refers to the psychological suffering or mental anguish experienced by an individual due to traumatic events, severe stressors, or other adverse circumstances. It can manifest in various forms, including anxiety, depression, fear, anger, humiliation, and grief, and may result from personal injury, wrongful conduct, harassment, discrimination, or other traumatic experiences. In legal contexts, emotional distress may be recognized as a compensable harm in civil lawsuits, allowing plaintiffs to seek damages for the emotional pain and suffering caused by the defendant’s actions. To prevail in a claim for emotional distress, plaintiffs typically must demonstrate that the defendant’s conduct was negligent, intentional, or reckless, and that it directly caused the emotional harm suffered. Damages for emotional distress may include compensation for therapy, counselling, medical expenses, loss of enjoyment of life, and other related costs. However, proving emotional distress can be challenging, as it often involves subjective experiences and may require expert testimony or corroborating evidence to support the claim.

Emotional distress refers to mental anguish and suffering including fear, indignity and shock. Damages for emotional distress may be recovered under some conditions in a personal injury claim but generally must be accompanied by physical injuries. Emotional distress may, under some conditions, be recovered without physical injury but a claimant would have to prove intentional infliction of emotional distress due to a defendant’s actions which were “both extreme and outrageous” and caused physical harm. For instance, if someone’s actions were so outrageous they caused you to miscarry your baby, for instance, you may not have suffered a physical injury but there was physical harm.

If you are considering filing a personal injury claim and you have suffered emotional distress you need to talk to a personal injury lawyer. Injury claims must be filed within a specific time frame called the statute of limitations and failure to file within that time will eliminate your right to recovery.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.