Situations Where You Can Sue for Emotional Distress. Being injured in an accident is an upsetting and frightening incident, made even more stressful by dealing with lost wages, uncertain financial situations and the headache of filing a lawsuit. How much you can sue for emotional distress depends on several factors. It is challenging to determine compensation for such cases because there are non-economic damages. Emotional distress is a very subjective type of damage and can change from one person to the other, and a hard and fast definition does not really exist. Generally, there are two situations where you will experience emotional distress that deserves compensation: Emotional distress arises from a physical injury caused by the doctor. All legal matters can quickly turn into a complicated and confusing process for the victim and their family, especially if you are suffering from emotional and psychological distress. The time limit by which an emotional distress claim can be made is called the statute of limitations. In California, you can sue for emotional distress, even in situations where individuals were not physically harmed. How Much Can I Sue for Emotional Distress? How Much Can I Sue For Emotional Distress? There is a long and varied list of emotional distress indicators. This is because every lawsuit is unique. Emotional Distress Compensation. However, there are situations in which injured workers can sue for emotional distress outside of the workers’ comp system. With severe emotional distress, a person may require mental health treatment. For example, a doctor might have operated on the wrong body part and removed a leg that was perfectly healthy. A person may be unable to work, care for their family, or accomplish daily activities of living. An experienced Bakersfield personal injury attorney at The Law Offices of Mickey Fine can help. An overzealous CPS worker may violate your constitutional right to due process, or your protection from unreasonable search and seizure. Seeking the services of an experienced personal injury attorney is the best way to improve your chances of recovery during a stressful time. Non-economic damages are psychological and can… Treatment for emotional distress may include medication, counseling, and other forms of therapy. Often, as the plaintiff in a personal injury case, your suffering can’t be entirely summed up by medical reports or X-rays. 13.22 It is well–established that tort law allows recovery of compensation for ‘mere’ emotional distress, even intentionally caused, in only limited circumstances. Victims are able to sue on one of two grounds: Negligent Infliction of Emotional Distress, or Intentional Infliction of Emotional Distress. The specific facts and circumstances of the defendant’s behavior and the nature of your injury will need to be taken into consideration. Since CPS social workers are government agents, they cannot act in ways that violate your established civil rights. Much like other settlement claims, emotional distress claims have to be submitted within a certain timeframe. When You Should File an Emotional Distress Claim. The issue of whether compensation for emotional distress can be awarded in equity was first raised in Australia in Giller v Procopets. In most injury claims, the damages are tangible, physical injuries. Economic damages include loss of property, inability to work, impact on professional abilities, and more. When one party causes injuries and economic damages to another party, the injured party typically has the option of taking legal action against the responsible party. (3) The defendant’s act is the cause of distress; and (4) The plaintiff suffers severe emotional distress as a result of defendant’s conduct. 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