Can I sue someone over emotional distress?
Yes and No
You’ve probably seen people on TV or in movies claim they are going to sue someone for emotional distress after an incident or argument. Sometimes lawyers are even belittled for considering mental issues associated with a wreck or accident. But can you sue someone for solely emotional distress or mental harm? Like most cases, you have to investigate thoroughly to see if mental harm has been committed and if it can be proven in court.
For starters, any accident or wreck is going to take a mental toll on your health. Laws can be confusing, insurance companies are hard to reach, and then there’s the fact that you are hurting and injured, possibly even bed-ridden. That’s why we always recommend hiring a lawyer to help with these issues. We take the strain and stress of dealing with these insurance companies while assuring you get the highest possible outcome from your claim.
Since most cases involve emotional distress to some degree, we have to find the source of that pain. The claims that we end up taking and working on involve a physical injury that is linked to that emotional component. Some injuries are dramatic, such as hurting your neck, which requires a large brace that inhibits your movements. Not only does this affect your mobility, but it also affects your communication skills at your job and in your relationships. But there are other less dramatic forms of mental damage. For some, they could break out into a sweat or have issues stepping into a car because of the trauma of a wreck. That is an emotional impact that will require some amount of therapy to work on, and therefore would be part of the injury claim.
In other words, we rarely take claims where an individual is only emotionally damaged; however, almost all emotional damages are a result of a physical injury or altercation. If we can tie those events together, then we have a case and we can work on it from there.
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