Law: What Exactly Are Emotional Damages?

Research shows workers suffered 86% of medically consulted injuries working off the job. This also resulted in 95% of off-the-job deaths.

You may qualify for emotional damages if you suffer something at work. You may have sustained an injury due to negligence from your boss.


Emotional distress is something that you can receive emotional damages. You will need to be able to prove your distress and hire a skilled lawyer.

Keep reading to find out everything you need to know about emotional damages.

What Is Emotional Distress?

You may not understand what the term emotional distress really means. This is often used to describe emotional pain or the feeling of emotional trauma.

in simple terms, emotional distress is mental suffering. Most states see it as emotional distress caused by another person‘s actions.

This could be something that was done intentionally or accidentally. Emotional distress often results in feelings of anxiety or depression.

You may also suffer from flashbacks and the inability to sleep. Some people even experience physical symptoms such as fatigue or chronic headaches.

Some people also experience weight gain or loss and other physical symptoms. When trying to get emotional damages, it is very important to identify emotional distress.

This distress has to be caused by someone else for it to be adequate. Anyone can suffer from emotional distress, but that doesn’t always equal a lawsuit.

What Can Cause Emotional Distress?

Because the term emotional distress is so broad, it can be overwhelming. Proving distress is difficult, and you need to understand where this may apply.

Keep in mind that every state in the US defines this in a different way. This is why it is so important to hire a lawyer to help you with the legal side of things.

You can find a reputable accident lawyer at They will be able to help you in proving emotional distress in court.

Emotional distress can often apply to employees who suffered something at their job. They may have suffered an injury that left them with emotional problems.

You could also claim emotional damages if you were the victim of a car accident. You may experience trauma after the accident or trauma from viewing your loved one injured.

Emotional distress can be applied to a variety of situations. For instance, you could have emotional distress if a funeral home miss handled your deceased loved one.

Or you could be distressed if a pet groomer gave your pet a fatal injury.

Emotional Distress Claims

Now that you know what emotional distress is, what kind of claims can you make? This is important to understand as it will dictate whether you have a case or not.

This is another reason why hiring an attorney is a great choice. You can bring your case to them, and they will examine it to see if it will hold up in court.

This can save you a lot of time and money in the long run if you don’t have a real claim. They can also help to polish your claim so that it will hold up in court.

Negligent Infliction

One of the best ways to receive emotional damages is from negligent infliction. Negligent infliction happens when someone obviously caused you emotional distress from their actions.

You may have been walking across a crosswalk when a vehicle struck you. You would be liable for physical damages as well as mental damages due to their recklessness.

In these kinds of cases, it is best to have a physical element. Even though this is emotional distress, it is more convincing if you have a physical symptom as well.

This could be some kind of physical trauma or a symptom of your distress. Or it could be anything from an inability to sleep or physical tremors.

Bystander Lawsuit

Another kind of lawsuit is a bystander lawsuit. This is when you were affected by someone’s actions, but you were not actually the victim.

Instead of being the person who the car hit, you may have been on the sidewalk watching. You would have seen the vehicle strike the other person, causing emotional trauma.

You may not be able to sleep at night, or you may experience life-altering anxiety. This is a case that will hold up in court even if you don’t have any physical symptoms.

However, bystander lawsuits usually only apply if you see something happen to a family member.

Intentional Infliction

The worst kind of emotional distress is caused by intentional infliction. This is a tricky case since the intentional infliction has to be easily proven and extreme.

This could apply if someone was bullied to the point of trying to injure themselves. Or if they were mentally abused so badly that they required therapy or medication.

Intentional infliction will be easier to prove if there is physical distress as well. You may suffer from high blood pressure from stress or even a heart attack due to a boss’s cruelty.

Intentional infliction can be very difficult to prove, so you will need to have plenty of evidence.

Emotional Damages and Distress 101

If you have suffered emotional distress, you may qualify for emotional damages. This is comparable to physical damages where you are able to receive financial compensation.

This can happen if you have suffered a life-altering injury or viewed something traumatic.

Did you enjoy reading this article about the law and emotional distress? Keep reading for more educational content.

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