Emotional Distress Claims and Settlements

 

Your Guide to Proving and Recovering Monetary Damages When a Person Negligently or Intentionally Inflicts Mental Anguish

 

Emotional pain can cause more damage than physical injury, particularly over the long term.

 

Broken bones and cuts and scrapes heal.

 

But mental anguish can take much longer to move past.

 

Recognizing this, the common law in Virginia and other states allows victims of emotional distress to recover money damages in some situations. Indeed, you can sue for emotional harm under several causes of action.

 

This article discusses how to sue for emotional distress and what you must prove to win at trial or negotiate a favorable settlement for mental anguish.

 

Keep reading to learn more.

 

 

What is Emotional Distress?

 

The term “emotional distress” describes severe mental anguish and unpleasant feelings that may interfere with your ability to work, interact with other people, and complete daily living activities.

 

Signs and symptoms of emotional distress include:

 

• Anxiety

 

• Behavioral changes

 

• Body aches (myalgias)

 

• Changes in eating patterns

 

• Chronic fatigue

 

• Crying spells (for no apparent reason)

 

• Declining performance at work or school

 

• Depression

 

• Fear

 

• Guilt

 

• Headaches

 

• Humiliation

 

• Impulse control

 

• Inability to concentrate or focus so you can complete tasks

 

• Inability to make decisions

 

• Irritability

 

• Nightmares

 

• Panic attacks

 

• Personality changes

 

• Post-Traumatic Stress Disorder (PTSD)

 

• Sleeping difficulties (sleeping too much or too little (insomnia))

 

• Social isolation

 

• Stomach pain

 

• Substance abuse (turning to alcohol, illicit drugs, or prescription drugs to alter your mood)

 

• Sudden weight change (weight gain or weight loss)

 

• Trouble completing tasks

 

• Withdrawal from intimate relationships

 

Over time, emotional distress can even cause or contribute to the development of arthritis or heart disease. 

 

Potential causes of emotional distress include:

 

• Breaking up with your significant other

 

• Conflict with neighbors

 

• Death of a friend or family member

 

• Discrimination due to race, gender, sexual orientation, disability, national origin, or religion

 

• Divorce

 

• Experiencing traumatic events, such as a car collision or violent attack

 

• Financial difficulties

 

• Hostile work environment

 

• Racist or sexist remarks

 

• Verbal abuse in the workplace or an intimate relationship

 

• Witnessing traumatic events

 

This article discusses your legal rights if you suffer from emotional distress due to a traumatic event or someone else’s negligent or intentional act.

 

Can You Sue for Emotional Distress?

 

Yes.

 

You can sue for emotional distress in Virginia and the other forty-nine states.

 

For example, you may recover personal injury damages for mental anguish under the following causes of action:

 

Negligent Infliction of Emotional Distress: An Emotional Injury Resulting in Physical Signs and Symptoms

 

Virginia recognizes the tort of negligent infliction of emotional distress.

 

In Delk v. Columbia/HCA Healthcare Corp., the Supreme Court of Virginia explained the elements for proving a claim for negligent infliction of emotional distress under state law:

 

We adhere to the view that where conduct is merely negligent, not willful, wanton, or vindictive, and physical impact is lacking, there can be no recovery for emotional disturbance alone. We hold, however, that where the claim is for emotional disturbance and physical injury resulting therefrom, there may be recovery for negligent conduct, notwithstanding the lack of physical impact, provided the injured party properly pleads and proves by clear and convincing evidence that his physical injury was the natural result of fright or shock proximately caused by the defendant’s negligence. In other words, there may be recovery in such a case if, but only if, there is shown a clear and unbroken chain of causal connection between the negligent act, the emotional disturbance, and the physical injury.

 

This judicial opinion’s language, therefore, sets the framework for recovering damages under a claim of negligent infliction of emotional distress when the defendant’s act was unaccompanied by physical impact:

 

• Step One: Prove the defendant’s act or statement was negligent (learn more about the elements of a negligence claim here – proving the defendant had a duty to you might be difficult)

 

• Step Two: Show the defendant’s negligence caused fright or shock.

 

• Step Three: Prove that your fright or shock manifested in physical injury.

 

In addition, the complaint must describe with specificity the physical injury resulting from the fright or shock, or else the court may dismiss the lawsuit.

 

Examples of situations that may result in a claim of negligent infliction of emotional distress include:

 

• Person A shoots Person B, whom is standing near Person C (a visibly pregnant woman). The shooting shocks and frightens Person C, whom suffers a miscarriage due to the emotional distress resulting from Person A’s acts. Person A should have known that firing the gun could result in bodily harm. Therefore, Person A is liable to Person C under the tort of negligent infliction of emotional distress (and likely other torts).

 

• Person A strikes Person B while Person B is eating dinner with his wife, Person C. The violent attack causes traumatic brain injury and nearly kills Person B. In addition, Person A’s attack and the consequences disturb Person C, whom requires medical attention for distress resulting in panic attacks and headaches. Accordingly, person A may be liable to Person C under the tort of negligent infliction of emotional distress.

 

Intentional Infliction of Emotional Distress

 

You may recover money damages, even in the absence of physical injury, if the defendant inflicts mental anguish through intentional or reckless conduct.

 

This article discusses the elements of the tort of intentional infliction of emotional distress in later sections.

 

Civil Actions for Physical Injuries

 

Courts allow plaintiffs to recover damages for emotional distress as part of a civil action for physical injuries resulting from the defendant’s negligence, such as a lawsuit for a back injury arising from a motor vehicle crash.

 

Indeed, if possible, you should pursue emotional injury damages as part of a separate civil action for personal injuries because other tort claims have a lower burden of proof than the independent emotional distress torts.

 

For example, all you have to show is a physical impact or injury resulting from the defendant’s conduct. Once you do this, the court may infer mental anguish from the physical harm; you do not have to provide direct proof of emotional injuries.

 

In addition, evidence of deformity, disfigurement, or scarring can result in damages for embarrassment, humiliation, and other signs of mental anguish.

 

Civil Actions for Intentional Torts

 

Virginia recognizes several intentional torts: abuse of process, assault, battery, false imprisonment, libel, malicious prosecution, and slander, to name a few.

 

Courts have held that a plaintiff can recover damages for mental anguish as part of these claims based on intentional or reckless acts.

 

The Tort of Intentional Infliction of Emotional Distress: Recognized in Virginia and Every Other State

 

All fifty states have recognized intentional infliction of emotional distress as an independent tort.

 

Therefore you can recover monetary damages for mental anguish resulting in physical injuries, even without physical contact by the defendant.

 

But only if you plead and prove four elements.

 

Proving Intentional Infliction of Emotional Distress: Understanding the Claim’s Elements

 

The tort of intentional infliction of emotional distress has these basic elements:

 

• Extreme and outrageous conduct that

 

• Intentionally or recklessly

 

• Causes severe emotional distress

 

Virginia uses this same framework but breaks the elements into a four-part test.

 

As you learn more about each element, remember that you must plead each prong of the test with specificity to survive a demurrer or motion to dismiss.

 

Element One: The Defendant’s Conduct was Intentional or Reckless

 

Satisfying the first prong of the four-part test for intentional infliction of emotional distress claims requires that you plead and show the defendant acted intentionally or recklessly (willfully and wantonly).

 

You cannot wait for the trial to assert intent or recklessness. Instead, your initial pleading (complaint) must allege one of these two items with specific facts. A general statement that the defendant meant to injure you is not enough.

 

In intentional infliction of emotional distress claims, proving intent means showing the wrongdoer had the specific purpose of inflicting emotional distress when performing the act.

 

Suppose you instead allege that the wrongdoer acted recklessly, not intentionally. In that case, you must show the wrongdoer knew or should have known the act would likely cause emotional distress but did it anyway.

 

Element Two: The Defendant’s Conduct was Outrageous or Intolerable

 

Prong two creates many disputes in claims of intentional infliction of emotional distress.

 

Generally, you must show that the defendant’s acts are of such a nature as to “offend against the generally accepted standards of decency and morality.”

 

Put another way, a defendant may be liable under this tort only if their conduct is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”

 

Insults, threats, annoyances, or insensitive behavior that hurts your feelings is not enough. You must show something more to recover under this tort.

 

The court (judge) will make the threshold determination of whether the defendant acted outrageously. In making this determination, the court looks at the behavior alleged.

 

Element Three: The Defendant’s Conduct Caused Your Emotional Distress

 

You must plead and show a causal connection between the defendant’s wrongful conduct and your emotional distress.

 

Element Four: Your Emotional Distress was Severe

 

Many plaintiffs have difficulty proving the severity of the distress needed to win a claim for intentional infliction of emotional distress.

 

This difficulty should not be surprising given the Supreme Court of Virginia’s holding that liability under this tort arises “only where the distress inflicted is so severe that no reasonable person could be expected to endure it.”

 

Therefore, if applicable, we recommend including these debilitating medical impairments and symptoms in your pleadings:

 

• Depression

 

• Difficulty sleeping

 

• Disgrace

 

• Exile from social groups

 

• Humiliation

 

• Inability to maintain time and attendance at work or school (plead facts relating to workplace discipline, poor performance review, or lower grades)

 

• Inability to manage your financial affairs

 

• Inability to perform family activities or responsibilities that you once completed

 

• Lowered self-esteem

 

• Mortification

 

• Nervousness

 

• Shame

 

• Sleeplessness

 

• Stress

 

In addition, your complaint should include facts about the medical treatment required for your psychological trauma, including office visits with a psychologist or psychiatrist, the frequency of mental health therapy, and the type and dosage of medication taken for your symptoms.

 

Further, you will need to present medical evidence (including reports from health care providers) supporting your allegations of:

 

• The intensity of emotional disturbance

 

• Physical symptoms and impairment related to the emotional injury

 

• Symptom onset and duration

 

Click on these links to learn more about proving legal and medical causation and getting a disability letter from your doctor.

 

Examples of Intentional Infliction of Emotional Distress Cases

 

The following situations could subject the wrongdoer to liability under the tort of intentional infliction of emotional distress:

 

• As a joke, Person A tells Person B that Person B’s spouse has died in a car crash. Person B suffers severe mental anguish, resulting in physical symptoms. Person A, therefore, is subject to liability to Person B for the mental anguish and physical harm.

 

• Persons A and B go on a few dates, after which Person B breaks up with Person A. Upset, Person A files a false police report alleging that Person B sexually assaulted her, which results in a police investigation. Person B suffers severe emotional distress and nervous shock after the police detective interrogates him. In this situation, Person A is subject to liability to Person B for emotional injuries.

 

• Person A, a debt collector, threatens to break Person B’s legs if Person B does not pay a debt within one week. A few days later, Person A sends a text message to Person B: “Enjoy your legs while you can still use them.” Attached to the message is a photo of Person B walking his dog. Person B suffers severe emotional disturbance and physical illness after receiving the text message. In this situation, Person A is subject to liability to Person B for the tort of intentional infliction of emotional distress.

 

• Person A and Person B were married for ten years before divorcing. During their relationship, Person B sent nude images to Person A. However, after the divorce, Person A posted the nude images on social media and internet websites without Person B’s permission (revenge porn). Person B suffers a nervous breakdown when she finds out and now needs mental health treatment. Person A is subject to liability to Person B.

 

• Persons A and B are co-workers and friends. But when Person B receives a promotion over Person A, Person A creates a fake Facebook profile where he posts defamatory statements about Person B. In addition, Person A creates a fake email account and sends derogatory messages to Person B’s friends, family members, neighbors, and co-workers. Due to these acts of cyberbullying, Person A is subject to liability to Person B for inflicting emotional distress.

 

Can a Business Sue for Intentional Infliction of Emotional Distress?

 

No.

 

Business owners may want to sue for emotional distress when a wrongdoer posts defamatory (libelous) comments on social media and the internet.

 

Or to file a claim for mental anguish when another company’s acts force the business owner to close stores and file for bankruptcy.

 

The Supreme Court of Virginia, however, has rejected a business’s claim of intentional infliction of emotional distress.

 

For example, SuperValue, Inc. v. Johnson, the court held that the tort of intentional infliction of emotional distress “is directed at prohibiting conduct intended to cause personal, emotional damage to an individual, rather than conduct intended to cause economic damage to a business.”

 

Therefore, a competitor’s desire and efforts to put your company out of business will not support a claim for intentional infliction of emotional distress because the competitor’s behavior is not directed at you individually but rather your position as a business owner.

 

What is the Plaintiff’s Burden of Proof in Intentional Infliction of Emotional Distress Lawsuits?

 

The standard burden of proof in civil actions – a preponderance of the evidence – does not apply to claims for negligent or intentional infliction of emotional distress.

 

Instead, you must satisfy a heightened burden of clear and convincing evidence to win your infliction of emotional distress lawsuit.

 

In stating that the tort of intentional infliction of emotional distress is a disfavored cause of action, the Supreme Court of Virginia and other courts have provided reasons for this heightened evidentiary standard when a physical injury does not accompany the emotional harm.

 

For example, holding defendants liable for plaintiffs’ emotional injuries could result in:

 

• A disproportionate financial burden on defendants

 

• An increased number of lawsuits to curb antisocial behavior

 

• False claims

 

• Exaggerated injuries

 

• Heightened sensitivity to perceived wrongs or bad manners

 

• Prolonged and costly litigation for relatively trivial and temporary wrongs

 

In addition, claims for emotional injuries absent accompanying physical injury can be hard to disprove and create difficulties in calculating damages due to the injury’s subjective nature.

 

This evidentiary burden also applies to the tort of negligent infliction of emotional distress.

 

Statute of Limitations: How Long Do I Have to File a Lawsuit for Damages from the Infliction of Emotional Distress?

 

Virginia courts treat a lawsuit for the (negligent or intentional) infliction of emotional distress as a civil action for personal injury.

 

Therefore, the two-year statute of limitations for personal injuries applies to emotional distress claims.

 

As with other tort claims, the clock starts to run for the statute of limitations when the defendant commits the act that causes you injury, no matter how slight the damage.

 

Can I Seek Damages for Emotional Distress Resulting from the Defendant’s Breach of Contract?

 

No.

 

Generally, plaintiffs cannot recover emotional distress damages for lawsuits for breach of contract.

 

Similarly, compensation for emotional distress is not available in actions for damages from legal malpractice in Virginia. Though many legal malpractice actions arise from allegations of negligence, courts will not permit a monetary award for emotional harm.

 

The only exceptions to the rule that you cannot recover for mental distress in a breach of contract lawsuit are:

 

• When the breach caused physical injury or

 

• The contract or the breach is of a kind likely to result in serious emotional disturbance.

 

Examples of such contracts include:

 

• Contracts of common carriers (transportation) and innkeepers (hotels, motels) with passengers and guests

 

• Contracts to carry or dispose of dead bodies: Indeed, many jurisdictions, including Virginia, will permit an award of damages when the defendant mishandles a corpse.

 

• Contracts for the delivery of messages about death

 

• Contracts where a breach may result in sudden poverty or bankruptcy, such as with the bad-faith refusal to pay insurance benefits under a first-party policy

 

Can I Sue for Mental Anguish Caused by Property Damage?

 

No.

 

Courts in Virginia do not permit damages for emotional distress due to injury to or loss of personal property resulting from a defendant’s negligence.

 

Awards for property damage are limited to the diminution in the property’s value due to the defendant’s conduct.

 

Get High-Quality Legal Help to Win a Claim for Emotional Distress

 

Mental anguish can negatively affect your life as much as, if not more than, catastrophic physical injuries.

 

Fortunately, you can recover compensation for this emotional harm when someone else causes it.

 

But you must follow specific procedural rules and prepare and present evidence about the defendant’s conduct to recover damages.

 

If you suffer emotional distress due to someone else’s acts, call us today for a free consultation. See why accident victims and injured workers turn to us for help negotiating a fair and reasonable settlement or winning at trial.

 

We will review the facts to see if you can file a lawsuit for the negligent or intentional infliction of emotional distress or physical injuries resulting in pain and suffering. And depending on the severity of your mental anguish and how it affects your work capacity, you may qualify for Social Security Disability benefits.