Emotional Distress Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Emotional Distress, written in plain English, along with examples of how it is used.

What is Emotional Distress?

n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. Recently courts in many states, including New York and California, have recognized a right to an award of money damages for emotional distress without physical injury or contact. In sexual harassment claims, emotional distress can be the major, or even only, harmful result. In most jurisdictions, emotional distress cannot be claimed for breach of contract or other business activity, but can be alleged in cases of libel and slander. Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it.

History and Meaning of Emotional Distress

Emotional distress refers to the mental anguish suffered by a person due to the intentional or negligent actions of another. Previously, damages for emotional distress were only granted in conjunction with damages for actual physical harm, however, many states have now recognized a right to an award of money damages for emotional distress without physical injury or contact. Emotional distress may arise due to different reasons such as domestic violence, sexual harassment, discrimination, or wrongful death.

In sexual harassment claims, distress may be the major or even only harmful result, as the impact of the harassment on the mental well-being of the victim can be long-lasting. The essential factor in a claim for emotional distress is the mental harm or suffering experienced by the victim due to the wrongful conduct of another. The victim may need professional testimony by a therapist or psychiatrist to validate the existence and depth of the distress and place a value on it.

Examples of Emotional Distress

  1. A victim of a car accident who sustained physical injuries and also experienced depression and PTSD.
  2. A person who was sexually harassed at work, causing them to suffer anxiety and nightmares.
  3. A person who was subjected to racial discrimination, leading to depression and isolation.

Legal Terms Similar to Emotional Distress

  1. Mental anguish: Refers to the emotional distress suffered by a person, which may arise due to the intentional or negligent actions of another.
  2. Pain and Suffering: This term encompasses emotional and mental distress, physical pain, and inconvenience caused by the injury.
  3. Trauma: This refers to the emotional and psychological effects of a distressing event on an individual.