Suing for Emotional Distress Without Bodily Harm

The effects of a personal injury can severely impact your mental health, leading to struggles with trauma, worry, and overwhelming tension. While you can sue the responsible party for your damages, most victims wonder whether they can also seek restitution for emotional distress. This blog seeks to answer this question and expand on the concept of mental strain due to personal injury. Keep reading below.

Defining Emotional Distress

Under US tort law, emotional distress refers to the mental anguish that results from accidents stemming from reckless or negligent actions. 

Broadly speaking, victims can seek compensation from the at-fault party. However, the path to redress is contingent on whether the emotional strain resulted from physical harm. In fact, it can be incredibly difficult, if not impossible, to seek damages for emotional distress in the absence of physical injuries. 

Take, for instance, a bicycle accident victim. After the victim sued the responsible party and their insurance, it was determined that they did not suffer any physical injury due to the crash. Nevertheless, the entire incident caused them mental strain and trauma. In fact, the plaintiff may claim the accident caused them PTSD which has rendered cycling impossible.

In that case, can they seek compensation?

In most states, the simple answer is no because, under common law, plaintiffs in tort cases can only seek indemnification for emotional distress if their mental trauma is directly linked to bodily injuries.

Therefore, in this case, if the plaintiff had suffered any physical harm as a direct result of the crash, such as a broken leg, they successfully prove that this injury led to their mental anguish. In that case, common law would allow them to seek financial retribution from the at-fault party. 

However, there is an exception to this rule: the bystander/zone of danger exception.                                                                                 

Understanding the Bystander/Zone of Danger Exception

“Under the bystander/zone of danger exception, a person that has witnessed a close friend or relative suffer harm or succumb to injuries resulting from another’s reckless actions could sue for emotional damages in the absence of physical injury,” says personal injury attorney Maxwell Paderewski of Lone Star Injury Attorneys, PLLC. 

Here is an example: 

Say, a couple is driving along the highway. A drunk driver causes an accident that kills the husband and leaves the wife unscathed. In such a case, even though she had no major physical injuries, the spouse still suffered emotional trauma by watching her husband succumb right in front of her eyes. As such, under the bystander/zone of danger exception, she could sue the driver for intentional infliction of emotional distress. 

Here is what such a victim would have to prove to win the case:

• That the defendant's actions were extreme and outrageous 

• That the defendant acted intentionally or recklessly 
• That she suffered serious mental and emotional distress as a result of the accident 

Conclusion 

If you have suffered emotional distress as a result of the negligent actions of others, there are specific instances when you can sue the defendant in the absence of physical injuries. It would be wise to consult a qualified personal injury attorney who will analyze your case, determine whether it meets the bystander/zone of danger exception, and advise you on the best legal strategy.