Even if you have suffered no physical harm, there are some situations where you can sue for emotional distress. To win the case, the judge would have to agree that the situation was outrageous and that it would be understandable why you would experience exceptional emotional stress.

The Standards for Emotional Distress Lawsuits

The defendant must have behaved in an intentional manner and the behavior must have been considered reckless. The conduct should have been extreme. The act must have caused you distress.

This does not usually apply to insults, annoyances or threats. There is no clearly defined set of standards for what is considered outrageous, so the judge will usually base the judgment off whether he or she considers the situation to be outrageous.

Examples of Situations of Emotional Distress

Sometimes, the emotional distress can be caused by extreme humiliation. For example, if on a cruise, a photographer takes a picture of a woman, photoshops her in a manner that is considered racist or revealing, and then distributes the photo, this could be considered so outrageous that the woman may be able to successfully sue for emotional distress. In contrast, if a student agrees to have an essay displayed through an overhead projector, the instructor and students critique the essay and the student is embarrassed, this would usually not be considered outrageous.

Your Team of Legal and Mental Health Professionals

Since this type of case can be difficult to win, you will want to consult with a personal injury attorney who has won these types of cases for more info on making your case. He or she will have an easier time assessing whether your case is extreme enough to where you have a chance of winning. Also, you will need the assistance of a mental health professional who can provide expert testimony to your mental state following the incident. The mental health professional will provide a narrative of their evaluation of your state and also provide insight into the ways in which your emotional state can affect you.

Creating a Narrative

You will need to be clear about the types of emotions you have experienced. These can include depression, guilt, anxiety, fear, frustration, insomnia, or loss of consortium. You will then need to explain exactly how these emotions affected you in day-to-day life. For example, the woman who was humiliated on the cruise may begin to suffer from a fear of going outdoors and may begin to feel that she is being judged by those who have seen the photo.