Can I Sue for Emotional Distress?

Experiencing emotional distress can leave a deep and lasting impact, affecting your daily life, relationships, and overall well-being. If someone else's actions have caused you significant emotional harm, you may wonder, “Can I sue for emotional distress?” The good news is that in states like New York and New Jersey, it is possible to pursue legal action for emotional distress under certain circumstances. Our attorneys at Brown Kwon & Lam break down everything you need to know about emotional distress claims, the steps to take, and the challenges involved in proving your case.

Understanding Emotional Distress Claims

What Is Emotional Distress?

Legally speaking, emotional distress refers to severe psychological suffering caused by someone else’s negligent or intentional actions. This could include anxiety, depression, PTSD, or other mental health issues stemming from the incident.

Can You Sue for Emotional Distress in New York and New Jersey?

Yes, suing for emotional distress is allowed, but the rules differ slightly between these states:

• New York – Emotional distress claims can be made as part of other personal injury claims or even as a standalone claim under rare circumstances involving extreme negligence or intentional harm.
• New Jersey – Similar to New York, you can file for emotional distress when the harm is connected to a breach of duty or intentional misconduct.

Both states require solid evidence and proof that the emotional distress suffered is directly related to the defendant’s actions.

5 Steps to File a Claim

If you believe you have grounds for an emotional distress lawsuit, below are the steps to get started.

1. Consult With an Attorney

The first step is to consult a qualified attorney specializing in emotional distress cases in New York and New Jersey, like the lawyers at Brown Kwon & Lam. An attorney can help you determine whether you have a valid claim and guide you through the legal process.

2. Gather Evidence

Compiling strong evidence is key to building a successful case. We’ll discuss the types of evidence needed in the next section.

3. File Your Claim

Your attorney will help you file your lawsuit in the appropriate court with detailed documentation outlining the distress you’ve experienced and the defendant's role in causing it.

4. Pursue Negotiations or Settlement

Many cases are resolved out of court. Your attorney will negotiate with the opposing party or their insurer to seek a fair settlement.

5. Litigation

If a settlement cannot be reached, your case may proceed to trial, where your lawyer will present evidence and arguments to support your claim.

Evidence Required to Help Prove Emotional Distress

Proving emotional distress requires solid evidence that illustrates the severity of your experience and its connection to the defendant’s actions.

Common types of evidence include:

• Medical Records – Documentation from therapists, psychologists, or psychiatrists is critical. Diagnoses of anxiety, depression, PTSD, or similar conditions provide concrete proof of your emotional suffering.
• Witness Statements – Statements from people who observed the incident or noticed changes in your behavior or mental health can be invaluable.
• Documentation of the Incident – Police reports, security footage, or written communications like emails or text messages showing the defendant’s actions can connect them to your distress.
• Personal Testimony – Your account of how the event affected your life adds a personal and powerful narrative to the claim.
• Expert Testimony – Mental health professionals can offer expert testimony to explain how the incident caused your emotional distress and its long-term effects.

Court Considerations for a Valid Emotional Distress Claim

Courts will look at various factors to determine whether your emotional distress claim is valid, including:

• The Severity of Your Emotional Harm – Symptoms must go beyond ordinary upset or stress and significantly affect your quality of life.
• The Intent or Negligence of the Defendant – Courts will examine whether the defendant’s actions were deliberate or grossly negligent.
• Evidence’s Credibility and Strength – Clear, credible evidence linking your distress to the defendant’s actions is essential.

4 Challenges in Proving Emotional Distress

While suing for emotional distress is possible, it’s important to understand the challenges involved. Emotional distress is inherently subjective, making it harder to prove compared to physical injuries. Below are common hurdles plaintiffs face and how to manage them effectively.

1. Subjectivity of Emotional Harm

Unlike a broken bone that shows up on an X-ray, emotional distress is less tangible. Medical records and expert testimony play a crucial role in overcoming this challenge.

2. High Standard of Proof

Courts require compelling evidence to show the direct connection between your distress and the defendant’s actions. Comprehensive and detailed documentation is vital.

3. Defendant’s Challenge to Your Claim

The defendant may argue that your emotional distress isn’t as severe as you claim or that it stems from unrelated factors. An experienced attorney can help counter these arguments with factual evidence.

4. Cost and Emotional Toll

Filing a lawsuit can be time-consuming, costly, and emotionally draining. Consulting a compassionate and qualified attorney is essential to help you weigh the benefits and challenges.

Contact Our Lawyers to Help Build a Strong Case

Pursuing legal action for emotional distress can be a complex process, especially in New York and New Jersey. However, with the correct legal guidance and substantial evidence, you may have a chance to secure compensation for the distress you’ve endured. At Brown Kwon & Lam, our experienced attorneys are here to help you understand your rights, gather the necessary evidence, and work toward a fair resolution for your case.