How and When You Can File an Emotional Distress Lawsuit

Emotional Distress
Alexander Shunnarah Trial Attorneys


Alexander Shunnarah Trial Attorneys


When you suffer a severe injury during an accident, the damage goes far beyond the physical. You may endure lasting fear, anxiety, and depression. In certain circumstances, you can sue for this mental anguish.

However, before filing a claim for mental suffering, you need to understand the legal threshold.

What is Considered Emotional Distress

The law recognizes two types of emotional distress claims.

Intentional Infliction of Emotional Distress (IIED)

Intentional emotional harm is difficult to prove. The other party’s conduct needs to be so extreme that there is no decent excuse for it. You and your attorney must prove that they acted intentionally or recklessly to cause severe distress.

An Example of Intentional Emotional Distress

A supervisor verbally harasses you over an extended period, despite you reporting the behavior.

Negligent Infliction of Emotional Distress (NIED)

This claim is often linked to a physical injury triggered by negligence. In many states, including Alabama, the distress must manifest in physical side effects, like severe panic attacks or insomnia.

An Example of Negligent Emotional Distress

After losing a limb in a drunk driving accident, you experience anxiety, depression and Post-Traumatic Stress Disorder (PTSD).

How to Prove Emotional Distress

Unlike a broken bone, emotional pain doesn’t appear on an X-ray. The burden of proof falls on you and your legal team. To prove that you have a viable claim, you need objective evidence.

At Alexander Shunnarah Trial Attorneys, we’ve utilized the following types of evidence to build emotional distress claims.

Medical and Psychological Evidence

Licensed professionals provide the most critical evidence for an emotional distress lawsuit. You need to prove that your distress is severe enough for professional intervention. For example, medical records could prove that your emotional state manifested physical symptoms.

Impact on Daily Life

You must also prove that emotional distress severely impacted your ability to function normally. Lost wages, witness testimonies, and personal accounts could help your claim.

How to File a Lawsuit for Emotional Distress

Survivors typically seek emotional distress as damages within a larger personal injury lawsuit. Examples include a car accident or medical malpractice. Occasionally, IIED can be a standalone claim.

These are the steps for filing an emotional distress lawsuit.

1. Connect the Distress

Your attorney must link the defendant’s wrongful act, like drunk driving, to your emotional suffering.

2. Quantify the Damages

While filing a lawsuit, you can pursue compensation for both economic and non-economic damages. Economic damages include medical bills or lost wages. In comparison, non-economic is harder to calculate. It typically includes suffering and decreased quality of life.

The burden of proof is different for IIED and NIED claims. For IIED claims, your attorney must prove that the defendant’s actions were outrageous. NIED claims must prove that that the emotional distress meets the threshold of severity.

What to Do Next

These claims are incredibly challenging to pursue without experienced legal counsel. They have a high threshold of proof. Don’t wait if you believe you have suffered severe emotional distress. Contact our law firm today.

Related Articles

A food delivery driver presses the keycode to a building, illustrating the concept of an Uber Eats delivery driver accident.

Hit by an Uber Eats or DoorDash Driver? How Accidents Work

A surgical team marking a patient's operative site before an operation, illustrating wrong-site surgery prevention.

Wrong-Site Surgery: a “Never Event” That Almost Always Wins

Worried medical personnel quickly transport a patient in a hospital emergency room hallway, illustrating the risk of emergency room misdiagnosis.

Emergency Room Misdiagnosis: When ER Errors Become Malpractice

Surgical instruments being counted on a tray in an operating room, illustrating res ipsa loquitur in medical malpractice.

Res Ipsa Loquitur: When the Injury Itself Proves Negligence

A tired truck driver rubbing his eyes behind the wheel of a semi, illustrating truck driver hours of service fatigue rules.

Truck Driver Hours of Service Rules: How Violations Cause Accidents

A drone photo of the Vulcan statute in Vulcan Park in Birmingham, AL. You never know when you may need an accident lawyer.

How to Choose a Birmingham, AL Accident Lawyer

A doctor meets with a patient to answer the question of "What is maximum medical improvement?"

Maximum Medical Improvement (MMI): What It Means for Your Settlement

The survivor of an accident speaks to a police officer, illustrating the question of “Do I need a police report for an insurance claim?”

Do You Need a Police Report to File an Insurance Claim After an Accident?

Deadlines to file a child sexual abuse lawsuit vary by state, and some have none at all. Learn how the laws work and your options in a free, confidential review.

Child Sexual Abuse Lawsuits: Statutes of Limitations by State

Two anonymous figures hold hands in front of a candle, illustrating the compassion needed for a civil lawsuit after sexual assault.

Filing a Civil Lawsuit After Sexual Assault: What Survivors Should Know

A driver reviews insurance paperwork at a desk after a Florida car accident, illustrating the importance of understanding Florida no-fault insurance and PIP coverage.

What to Know About Florida’s No-Fault Insurance

A woman leans against her car door and talks on the phone. Her car is dented. This photo portrays a common situation for a diminished value claim in Alabama.

Understanding Diminished Value Claims in Alabama