Is Emotional Distress Considered a Personal Injury?

In the wake of an accident, emotional harm can be just as damaging, disruptive, and difficult to deal with as physical injuries. Depending on what you’ve gone through, you may even be wondering if you can sue for emotional distress. In short, the answer is yes — this is reflected in California law, as emotional distress can qualify as a personal injury in the Golden State.

However, emotional distress isn’t always or automatically considered a personal injury. Whether it is or not depends on several different factors, including how you experienced harm and the evidence available to support your claim. It will also matter if your emotional distress is tied to a physical injury or if you’re seeking emotional distress damages as a standalone claim.

It’s important to understand more about the legal aspects of emotional distress, especially if you’ve suffered from a personal injury or want to pursue damages. Here’s what you need to know about emotional distress claims in California:

When Emotional Distress Qualifies as a Personal Injury Claim

Emotional distress can qualify as a personal injury claim, but it depends on the circumstances. A personal injury claim doesn’t have to include any emotional distress. Further, in some situations, emotional distress can be a standalone claim in and of itself.

In California, emotional distress is considered to be so severe or enduring that no “reasonable” person should have to experience it. That doesn’t mean temporarily or mildly feeling sad or upset in response to a particular incident. That means suffering extreme and/or extended negative feelings, ranging from grief to anxiety to shame to fear. It can even take the shape of serious mental health conditions that require ongoing and potentially lifelong treatment, such as post-traumatic stress disorder (PTSD), depression, and anxiety. 

Per California law, you can sue for emotional distress if that distress was caused by another person’s actions, regardless of whether you also sustained physical injuries. However, there are specific legal standards you have to meet to do so successfully. The distress generally has to be disruptive to your ability to live daily life and be a direct result of the accident you experienced. 

Types of Emotional Distress Claims in California

There are two primary pathways for pursuing an emotional distress claim in California: as part of a personal injury claim or as a standalone claim. This distinction matters for a few reasons, but particularly when it comes to compensation, as the reason for your distress will be taken into account to determine settlement amounts.

Emotional Distress as Part of a Personal Injury Claim

If you experience an event that results in both physical and psychological injury, you can pursue damages for emotional distress as part of your larger personal injury claim. Emotional distress falls under the larger umbrella of pain and suffering, which are damages paid to compensate for the physical and emotional difficulties experienced after an accident.

This is generally the path to take if you have an accident that causes physical injury, but that’s also emotionally damaging, such as a car accident, a slip and fall, a dog or animal bite, or any kind of catastrophic injury. In a car accident, for instance, you may be physically hurt, but also traumatized from the event to the point where you’re unable to drive or be in a vehicle.

Generally, in California, you’ll have a stronger emotional distress claim when you can connect it to a physical injury. It’s often easier to prove that you’ve experienced traumatic or psychological harm if you can point to a specific cause with visible and tangible evidence. Even with a physical injury, though, you’ll likely still have to prove that you have experienced emotional distress to receive compensation for it.

Standalone Emotional Distress Claims

Another option is to file a standalone emotional distress claim. In these circumstances, you’ve experienced some kind of traumatic event or accident, but haven’t sustained any physical injuries — just serious psychological distress or mental health challenges. 

There are two main kinds of standalone emotional distress claims:

• Negligent infliction of emotional distress (NIED): Refers to situations where you suffer as a result of someone’s carelessness, even if the harm was unintentional. Common examples of NIED include bystander situations (wherein you witness a traumatic accident, like a car accident, but don’t experience it yourself), a misdiagnosis (such as being diagnosed with a terminal illness that you don’t actually have), and near-miss accidents (almost being hit by a car going at a lethal speed).
• Intentional infliction of emotional distress (IIED): Refers to situations where you suffer as a result of someone’s purposeful actions. The perpetrator either intended harm or behaved so recklessly, without regard for others, that harm was all but impossible to avoid. Common examples of IIED include threats of violence, severe harassment or bullying, extreme public defamation or humiliation, and abuses of power.

These kinds of claims tend to be more difficult to prove. Without physical harm as a result of the accident, you don’t have the same physical evidence to help support your claims. It’s simply harder — though not impossible — to showcase that someone’s action or inaction is the specific cause of your distress.

What Proof Do I Need to Prove Emotional Distress in California?

With the right evidence, you may be able to prove your emotional distress in a legal setting, regardless of the cause. You need as much documentation as possible about the accident and the physical and/or psychological injuries you’ve suffered as a result. 

Further, courts look for objective evidence corroborated by other credible sources. The more information you can provide and have substantiated by trustworthy experts, the stronger your case is likely to be. 

However, it’s important to keep in mind that emotional distress is challenging to prove. Even with the right documentation, there’s never a guarantee that you’ll receive the damages you seek. Without it, though, it’s all but impossible to prove. For the best possible chances of receiving appropriate compensation, here are some of the most valuable pieces of evidence to include in an emotional distress claim:

Medical and Mental Health Records

Having thorough, detailed, and accurate medical records is essential to any emotional distress claim. This includes information about your mental health, as well as about any physical injuries you sustained due to your accident. 

Types of medical and mental health records that could be helpful are:

• Notes from sessions with any mental health professionals (including therapists and psychiatrists) you’ve worked with, both before and after the accident.
• Any official mental health diagnoses you’ve received, especially for conditions like PTSD.
• History and proof of any medication you’ve taken, especially in relation to your mental health.
• Timelines of the treatment you’ve received, as well as projected timelines for any necessary continued treatment.

You could include your own documentation about your health, too, but it will likely be more beneficial to share information that comes from those involved in administering your care. This is because records that come directly from healthcare providers and mental health professionals will generally be viewed as more credible and trustworthy by the court.

Expert Testimony

Testimony from relevant experts, such as psychologists or psychiatrists you’ve worked with after the inciting incident, may further strengthen your claim. These kinds of experts can add credibility to your case and validate the extent or nature of your suffering to others.

Expert opinions become important in a few different scenarios. For example, they may be a key witness if you need to prove that a particular incident caused your mental and psychological challenges, especially if you’re making a standalone emotional distress claim. They can explain how trauma works, helping others understand how the event led to your current state.

Beyond this, experts can explain how your current suffering impacts various areas of your daily life, from your relationships to your ability to work. They can testify to how you’ll likely be affected in the future and your expected treatment needs, too. This can help to determine what compensation you’re entitled to, particularly damages related to your pain and suffering that are difficult to quantify.

Evidence of Daily Life Impact

Additionally, it’s crucial to show how the incident has affected your daily life. This can range from impacts on your health to your personal relationships to your professional life. The proof you provide should explain any health disruptions you’ve experienced (such as trouble sleeping) since the event, as well as lifestyle changes you’ve had to make as a result. If you’ve struggled at work, had to make adjustments to continue working, or are now unable to work, provide that documentation, too.

Your personal journal or records can be valuable here. Include any documents or written communications about your mental and emotional state, especially anything contemporaneous to or right after the accident. Statements from family members, friends, or third-party observers about how you’ve changed may help as well.

There are many different pieces of evidence you could include in your case, and it’s hard to know what will end up being the most useful. Working with personal injury attorneys who are well-versed not only in California law but also in the laws of your local jurisdiction will go a long way in ensuring you have what you need to succeed in your claim.

What Is the Typical Payout for Emotional Distress Cases?

There is no universal average or typical payout for emotional distress cases. In fact, the range for payouts can be large. In cases where someone has suffered only mild distress, the award might be only a few thousand dollars. For extremely severe ones, the award could be in the hundreds of thousands of dollars, and potentially even more.

However, there’s no guarantee you’ll receive a specific amount in damages due to the nature or severity of your case. In California, juries evaluate cases individually, taking the specific facts of each unique case into account when making their decision. This is one reason why it’s difficult to determine what a typical or average payout looks like.

Beyond this, emotional distress is usually included in non-economic damages. In personal injury cases, economic damages cover discrete, tangible costs, such as your medical bills or lost wages due to your inability to work. Non-economic damages cover intangible costs and non-monetary losses, including pain and suffering, loss of enjoyment of life, and emotional distress. These costs are highly subjective and vary widely across cases because they aren’t tied to a particular financial loss and have a significant impact on the payout in an emotional distress case.

Factors that Influence Emotional Distress Compensation

Several different factors can determine the payout for an emotional distress case, such as:

• Severity and duration of symptoms: Generally, the more severe and long-lasting your symptoms are, the larger a payout you’re likely to receive.

• Credibility of medical evidence: If the medical evidence you provide is credible and helps support your claims, it could strengthen your case and increase the chance of a reasonable payout.

• Impact on work and daily functioning: If your ability to work and function each day is seriously diminished, you could receive a larger payout as compensation. 

• Whether physical injury is present: If you have sustained physical injuries in addition to psychological ones, your payout may be larger than if you’re experiencing emotional distress alone.

• Strength of liability: If it’s clear that the other party’s behavior caused your suffering (whether due to negligence, recklessness, or the intention to inflict harm), it could strengthen your claim and boost the amount of your payout.

These are just some of the factors that can influence the compensation you receive in an emotional distress case. Keep in mind that there are others the jury might take into account if they’re relevant to your case, which can also impact your compensation.

Challenges in Emotional Distress Lawsuits

Emotional distress lawsuits can be challenging to win, even if the suffering you’ve experienced is clear to you. These cases often face heightened scrutiny in legal settings because determining compensation is inherently subjective. Insurers may also be skeptical of the seriousness of your suffering and believe you’re trying to exaggerate your symptoms to get an “easy” payday. It’s also hard to prove that the particular accident caused newfound psychological harm; insurers and defendants may believe and try to argue that you had pre-existing mental or emotional troubles instead.

In California, winning an emotional distress case can be easier when you’ve also sustained a physical injury. The aftermath of an injury can be devastating, and that devastation can be easier to prove in court. Not only can you use your physical injuries as proof, but you can also point to specific financial losses that were caused by the accident, including your medical bills and any lost wages. This kind of evidence doesn’t exist in standalone emotional distress claims, making them that much more difficult to prove.

This isn’t to say that you won’t be able to prove your emotional distress in court or win the compensation you’re entitled to. However, it’s important to be aware of the challenges you can face that make that process more complicated, so that you can prepare for all possible outcomes accordingly.

When to Speak With an Orange County Personal Injury Attorney

If you’ve experienced emotional distress as a result of a particular accident or event in Orange County, California, consider getting in touch with a personal injury attorney in your area. It doesn’t hurt to get an early consultation from professionals who can help support you during an already difficult time.

Additionally, by contacting an attorney shortly after your accident, you avoid running into any issues with the statute of limitations relevant to your case. You can also begin appropriate medical and mental health documentation to strengthen your case as early as possible.

For assistance with your emotional distress case, contact Leslie Law Firm. With ur team of personal injury lawyers in Orange County, California, we can help you navigate the legal aspects of this challenging time. Feel free to give us a call at (949)-752-7474 or complete our Free Case Review form to get started today.

FAQs about Personal Injuries and Emotional Distress

Can You Sue Someone for Emotional Distress in California?

Yes, in some situations, California law allows individuals to pursue compensation for emotional distress. The viability of the claim depends on factors such as the severity of the distress, available evidence, and whether the emotional harm is connected to negligent or intentional conduct.

Do You Need Physical Injuries to Claim Emotional Distress?

Not always. Emotional distress can sometimes be pursued as a standalone claim, but cases that include documented physical injuries are often easier to prove. Courts typically require strong evidence showing the emotional harm is genuine and significant.

What Evidence Is Needed to Prove Emotional Distress?

Courts typically look for medical or mental health records, expert opinions, and credible evidence showing that the distress significantly affected daily life. Documentation that connects the emotional harm directly to the incident is especially important.

What Is the Typical Payout for Emotional Distress Cases?

There is no fixed payout amount. Compensation varies widely based on the severity of symptoms, supporting medical evidence, and the overall strength of the case. Emotional distress damages are usually evaluated as part of non-economic damages in a personal injury claim.

How Long Do You Have to File an Emotional Distress Claim in California?

In many situations, California’s statute of limitations for personal injury claims is two years from the date of the incident. However, deadlines can vary depending on the circumstances, so it is wise to seek legal guidance as soon as possible.