In short, yes, suing for emotional distress in California is allowed. In a legal context, emotional distress or mental anguish is a non-physical and largely psychological injury that may be asserted in civil lawsuits.
California law acknowledges emotional distress as a state of mental suffering that occurs due to an experience that was caused by the negligence or intentional acts of another person. These acts are generally of a physical nature.
It is important to note that in emotional distress cases, you may only be able to sue for emotional damages if the traumatic incident resulted in physical harm. However, some courts have recognized a right to award monetary damages for emotional distress claims without a showing of actual physical harm.
In most cases, expert witness testimony from a therapist or psychiatrist is generally required in order to prove a plaintiff’s case of emotional distress. This expert testimony is needed for a court to evaluate the range of monetary damages that are associated with a plaintiff’s alleged injury.
What Is the Zone of Danger?
In California, the “zone of danger” rule is a rule that is relevant for claims of emotional distress. If a plaintiff in California wants to recover a damages award in an emotional distress claim, the plaintiff bystander must have been in the “zone of danger” of the attack.
This means that they themselves must also have been exposed to the risk of injury from the assault or act. Additionally, their emotional distress must also be accompanied by physical symptoms.
When any of the above elements are lacking, the bystander will generally not be permitted to recover from emotional distress. For example, if a person was not related to the victim, or if they heard about the assault without witnessing it, they cannot legally recover for emotional distress.
In California, there is a landmark emotional distress case, Dillon v. Legg, which established that even if a plaintiff is not physically injured, they can still recover damages if they were in the “zone of danger” and witnessed a close relative being injured or killed.
As such, an individual can recover damages for emotional distress if they were placed at immediate risk of physical harm by the defendant’s negligent actions and frightened by the risk of harm.
What Types of Emotional Distress Claims Are Available?
There are two main types of emotional distress claims that are recognized under California law:
- Intentional Infliction of Emotional Distress: This form of emotional distress occurs when someone’s outrageous conduct intentionally or recklessly causes severe emotional distress
- In order for an individual to succeed in an intentional infliction of emotional distress claim, they must prove that the defendant’s actions were extreme and outrageous, intended to cause distress, and directly resulted in significant emotional suffering
- Negligent Infliction of Emotional Distress: This form of emotional distress occurs when someone’s negligent actions cause severe emotional distress
- In order for an individual to succeed in a negligent infliction of emotional distress case, one must demonstrate that the defendant’s negligence directly led to your emotional suffering
An individual must also be able to show that emotional distress has manifested. Emotional distress damages can manifest as:
- Feelings of humiliation or shame;
- Insomnia;
- Depression;
- Self-destructive thoughts;
- Anxiety;
- Stress;
- Another emotional response associated with a traumatic event.
How Much Can I Sue for Emotional Distress?
Once again, claims for emotional distress will typically be made as part of personal injury claims in California. Then, within that claim for emotional distress, there will be a specific claim for general and specific damages associated with the emotional distress.
General damages is the term used for damages that compensate for the injury itself. The most commonly awarded general damages are for pain and suffering. The amount of general damages varies according to the severity of the injuries and pain and suffering.
Specific damages, or special damages, are meant to compensate a person for measurable monetary loss resulting from the injury. Specific damages can cover past and future lost wages, therapy bills, and the cost of medicine.
As far as the total amount that is awarded in an emotional distress claim, that will depend on:
- The amount of medical or psychotherapy bills
- How the injuries have affected your ability to work
- How the injuries have impacted or affected your life
When Can I Bring My Emotional Distress Claim?
It is important to note that In California, the statute of limitations for filing an emotional distress claim is generally two years from the date of the incident that caused the distress to manifest. The statute applies to both intentional infliction of emotional distress and negligent infliction of emotional distress claims.
As such, if you believe that you have suffered emotional distress, you should bring your personal injury claim in a timely manner so as not to forgo your opportunity to recover for your damages. A local attorney in California will be able to help you ensure that you meet all required deadlines for filing your claim.
How to Prove Emotional Distress in Court?
In order to prove emotional distress in court, the exact elements required will vary slightly depending on whether the claim is for intentional infliction of emotional distress or negligent infliction of emotional distress.
In order to prove intentional infliction of emotional distress, you must establish the following elements:
- Outrageous Conduct: The conduct of the defendant must be extreme and outrageous, exceeding all bounds of decency tolerated in a civilized society
- Intent or Reckless Disregard: The defendant must have intended to cause you emotional distress or acted with reckless disregard for the probability of causing such distress
- Severe Emotional Distress: You must demonstrate that you have suffered severe or extreme emotional distress as a result of the defendant’s conduct
- Causation: The conduct of the defendant must have been a substantial factor in causing you severe emotional distress
In order to prove negligent infliction of emotional distress, you must establish the following elements:
- Duty: That the defendant owed you a duty of care
- Breach of Duty: That the defendant breached the duty owed to you through negligent conduct
- Causation: The defendant’s negligence was a substantial factor in causing your emotional distress
- Severe Emotional Distress: That you suffered serious emotional distress as a result of the defendant’s negligence
For either claim, it is crucial to provide evidence of your emotional distress by introducing evidence such as medical records, therapy notes, or testimony from a mental health professional. It is recommended to consult a California lawyer in order to ensure that you submit all evidence necessary to support your claim.
Do I Need a Lawyer to Sue for Emotional Distress?
If you are experiencing emotional distress caused by the negligent or intentional actions of someone else, it is recommended to speak to a California personal injury lawyer. LegalMatch can assist you in finding and setting up a consultation with an experienced lawyer in your area.
An experienced personal injury lawyer will be able to inform you of your legal rights and options under California’s specific personal injury laws. This includes all of the laws that cover a claim for damages related to emotional distress. Additionally, a lawyer will also be able to represent you in court, as needed.
