Can You Sue For Emotional Distress? Guide (2026)

What Is Emotional Distress?

Emotional distress describes a category of mental injuries that can occur in combination with physical injuries or on its own. The federal Substance Abuse and Mental Health Services Administration describes the symptoms of emotional distress:

• Sleeping too much or not enough
• Anger
• Intense or overwhelming sadness
• Consistent lack of energy
• Excessive smoking or use of alcohol or drugs, including prescriptions
• Unexplained pain, especially headaches or stomachaches
• Isolating yourself from people you love
• Feelings of hopelessness or helplessness
• Frequent anxiety
• Unexplained feelings of guilt

In a legal case, the definition of emotional distress is narrower, though.

In order for you to recover damages through a claim, your distress typically must meet the following criteria:

• It was, or is, severe and long-lasting.
• It is a direct result of the conduct of the defendant.
• It is provable.

If you aren’t an attorney, it can be difficult to tell whether your emotional distress meets the legal threshold. The best way to find out is to talk to an experienced personal injury lawyer about your situation.

Suing for Emotional Distress

Whether you can succeed in a lawsuit for emotional distress depends on various legal factors and the specific circumstances of your case. Most states recognize two types of causes of action related to emotional distress: intentional infliction of emotional distress and negligent infliction of emotional distress.

The elements of an emotional distress claim vary from state to state. State laws set out the different burdens of proof, legal requirements and evidence needed to successfully recover from an emotional distress claim. Some states require that plaintiffs prove their emotional distress caused a medically diagnosable condition.

But what if your distress is caused by a roommate, sibling, or family member? Can I sue my roommate for emotional distress? Can you sue a sibling for emotional distress after a longstanding family conflict? The short answer is yes. This type of lawsuit generally hinges on proving either the intentional or negligent actions of the defendant and showing that these actions resulted in significant emotional harm.

Typically, only the person who is the direct target of the defendant's conduct can file an emotional distress lawsuit. However, certain situations also allow bystanders who witness an egregious event to pursue such a claim. For example, a mother who witnesses the murder of her child may be able to pursue a claim for her own emotional distress. Similarly, a woman who was sexually assaulted by her Uber driver may also be eligible to pursue a claim and potentially receive compensation for her emotional distress.

Intentional Infliction of Emotional Distress (IIED)

States that recognize a claim for intentional infliction of emotional distress generally require a plaintiff to prove:

• The defendant acted intentionally or recklessly.
• The conduct was extreme and outrageous.
• The defendant's conduct caused the plaintiff severe emotional distress.

Some states establish a “reasonable person” standard (whether a reasonable person would have suffered emotional distress in response to the defendant's conduct), while others accept the plaintiff's subjective experience.

The question of whether a defendant's conduct was sufficiently extreme and outrageous is usually the linchpin of IIED cases. Courts have attempted to articulate standards for judging this element. For example, Missouri requires that the conduct must be "atrocious" and "utterly intolerable in a civilized community." Illinois courts add that the conduct must go "beyond all possible bounds of decency."

Cases where individuals sue roommates or family members for emotional distress can fall under IIED claims if the conduct is extreme enough. For instance, a roommate who subjects another to ongoing threats, stalking, or harassment may meet the threshold for an IIED lawsuit.

IIED are becoming a more frequent tool to combat workplace sexual harassment and compensate victims in the wave of the #MeToo movement. An employee who is subjected to systemic abuse, sexual advances, threats and retaliation by a person in a position of power may have grounds for an IIED claim.

Negligent Infliction of Emotional Distress (NIED)

Negligent infliction of emotional distress claims require that a plaintiff show they were injured by the defendant's negligent conduct. Other elements of the claim vary from state to state. Examples include requiring a plaintiff to prove:

• They suffered a physical injury at the time of or shortly after the conduct occurs.
• They witnessed harm occur to a close relative.
• They were in the "zone of harm" and feared being injured by the conduct.
• The defendant should have reasonably foreseen that their conduct would cause the plaintiff to suffer emotional distress.

For example, a woman who witnesses the violent injury or death of her child in a car accident may have grounds to file a negligent infliction of emotional distress claim against an at-fault party who was driving while intoxicated.

The specifics of proving a negligent infliction of emotional distress claim depend on the state. Generally, the facts of your case must align with one of these rules:

• The impact rule
• The zone of danger rule
• The foreseeability rule

The impact rule stipulates that you must have suffered an actual injury to recover compensation. In states that use the zone of danger rule, you may recover damages if you were afraid of the risk of physical harm.

Most states also follow the foreseeability rule. This rule states that in order for a plaintiff to recover damages, the defendant must have been able to reasonably foresee that their actions would cause harm.

Suing for Slander and Emotional Distress

If someone has ever made false statements about you, you know just how much of an impact slander can have. But can you sue someone for slander? And if so, can you sue for emotional distress as well?

The answer to both questions is generally yes. It’s important to note that in the court system, slander cases generally fall under the “defamation” umbrella:

• Defamation: A false statement that harms someone’s reputation
• Slander: Spoken defamation
• Libel: Written defamation

If you file a defamation lawsuit, you may attempt to recover damages for emotional distress. This may be more challenging than it sounds. If you don’t have provable monetary losses, it may be even more difficult to recover compensation.

However, in cases of defamation per se, you don’t have to prove monetary losses to recover compensation. “Defamation per se” means that the false statements are so obviously damaging that the court presumes they cause harm.

Different jurisdictions have their own criteria for what constitutes defamation per se, but these are some categories:

• Claims that you have committed a crime, especially an immoral crime
• Claims that you engaged in conduct inappropriate for someone in your profession
• Claims that you’ve engaged in sexual misconduct
• Claims that you have a “loathsome” disease, like a sexually transmitted infection

In a defamation per se case, it’s often easier to recover compensation for emotional distress, but keep in mind that compensation is never guaranteed.

What Evidence Do You Need to Prove Emotional Distress?

Proving physical injuries in court is often relatively straightforward, but the same cannot be said for proving emotional distress. However, when you have the right evidence, you have a greater chance of securing compensation. These are some of the most common types of evidence used in emotional distress cases:

Therapy or Medical Records

Often, your records from psychiatrists and/or other mental health experts play a major role. These records can illustrate relevant diagnoses like post-traumatic stress disorder (PTSD), and they can also show the extent of the impact on your mental health.

Expert Witness Testimony

In some cases, it may be helpful to have mental health experts explain the severity of the impact on your mental health.

Statements From Other Witnesses

If your friends, family, and coworkers have noticed a substantial change in your life or behavior, their testimony may also be helpful.

Emotional Distress With or Without Physical Injury

If you suffer a major injury in a car accident, slip and fall incident or similar event, you may be able to sue for both physical injuries and emotional distress. But what if you’ve suffered substantial emotional distress with no physical injury?

In some states, you may be able to file a lawsuit for emotional distress alone. However, in many states, you must have also suffered a physical injury that is the primary cause of the distress. For example, Florida has an “impact rule” that requires anyone suing for emotional distress to have also suffered a physical injury.

It’s important to understand that even if your state allows you to sue for emotional distress, doing so may not always be practical. A personal injury attorney should be able to review your situation and tell you whether a lawsuit is likely to be successful or not.

Can I Sue My Neighbor for Emotional Distress?

Many emotional distress claims involve a series of actions rather than just one instance, such as a gay family enduring ongoing homophobic and inflammatory comments. False allegations may even rise to this level, too, and filing a suit could allow you to reclaim your reputation. The statute of limitations to file an emotional distress claim typically begins from the date of the most recent incident. The applicable time limits vary from state to state.

Succeeding in an Emotional Distress Lawsuit

To succeed in an emotional distress lawsuit, you must provide evidence that supports each aspect of your claim. This can include:

• Witness testimony and documentary evidence of the conduct showing its egregiousness
• Medical documentation, psychological evaluations, testimony from mental health professionals and expert testimony regarding your condition or injuries
• Witness testimony showing how the distress affects your daily life and functioning

The burden of proof in an emotional distress lawsuit is significant. Even offensive, vindictive, obnoxious and cruel conduct isn't usually enough to succeed.

How Much Can I Sue for Emotional Distress?

You can pursue compensation for many types of damages in an emotional distress lawsuit. These include economic damages (medical visits, therapy costs, expensive medications, loss of income and other quantifiable costs) and non-economic damages (compensation for your mental anguish). Some states allow plaintiffs to recover punitive damages in cases of extreme misconduct.

It’s important to note that if your emotional distress claim does not involve any physical injury, the IRS may consider your settlement taxable. In contrast, compensation for emotional distress linked to a physical injury is generally not taxed.

How much you can recover depends on many factors. These include the strength of your evidence, the nature of the defendant's conduct and the nature and extent of your damages. If you believe you may have a valid emotional distress claim, contact an experienced personal injury lawyer.

Have You Experienced Serious Emotional Distress?

Most of the time, people injured in car and truck accidents know that a personal injury lawyer may be able to help them recover compensation. However, not everyone realizes that in some cases, it may be possible to recover compensation for emotional distress, too.

Cases involving emotional distress are extremely individualized, so you should never assume that you have a case (or don’t have a case) before consulting an attorney.

If you want to consult a lawyer but don’t know where to start, ConsumerShield can help. We connect people in need of legal help with qualified nearby attorneys. If you’re ready to get started, fill out our contact form below for a free case review!