It will be important to have a clear understanding of emotional distress when determining if a claim would be an appropriate action for you. When the result of a company or person’s negligent actions impact a person in a way that causes them to suffer emotionally they may be eligible for compensation. It is common in some situations when damages are being determined for emotional distress to play a factor. In many cases, courts require emotional distress claims be paired with a physical injury.

Physical Injury and Emotional Distress

When filing a claim for emotional distress, U.S. courts often are looking for a physical injury to also be included in the claim. Cases that do not include a claim where the person suffering from emotional distress was also physically injured, are often cases that are thrown out by the courts. In some cases, courts are willing to accept emotional distress claims where no physical injury is present if damages were incurred. There are a number of examples of emotional distress, such as:

  • Anxiety
  • Loss of sleep
  • Humiliation
  • Depression
  • Fear

Proving Emotional Distress
Documentation that proves emotional distress is vital because it is often difficult to prove in courts. In the event that you required the services of a therapist or mental health professional to support you with the stress you are experiencing, it will be important to keep a record of your treatment. Proving emotional distress will require that you keep clear records of your experience and how you may have suffered, including depression or shifts in your mood. Even keeping a journal detailing this information can prove to be beneficial to your case.

It can be challenging to prove emotional distress. Proof of distress is often seen in the physical reminders of the pain and suffering one has endured such as, broken bones or other ailments. Although someone suffering from emotional distress has their fair share of hardships, it can be difficult to prove without the physical injuries to go along with it. Keeping track of as much documentation and valid information as possible throughout is important to support the claim. Working with an attorney, like a personal injury or workers compensation lawyer Milwaukee WI relies on, who has experience in working with cases involving emotional distress and personal injuries can help when going through the legal process. An attorney will be able to help ensure that all the necessary documentation has been gathered to prove the claim.   


Thanks to our contributors from Hickey & Turim, SC for their insight into personal injury and emotional distress claims.