Can You Sue for Emotional Distress Damages in California?
- In California, you can sue for emotional distress caused by someone else’s actions.
- Negligent infliction occurs when harm is caused accidentally.
- Intentional infliction is when harm is caused deliberately or through extreme recklessness.
- Victims can seek economic damages (like therapy costs) and non-economic damages (such as pain and suffering).
- The legal deadline for filing an emotional distress claim in California is generally two years from the date of the injury.
Yes, you can sue if you are suffering from emotional distress after an accident caused by someone else. California law recognizes the severe impact of emotional distress on your life, and courts allow you to seek compensation for it.Â
Whether your emotional distress was inflicted intentionally or negligently, a knowledgeable personal injury lawyer at Cutter Law can help guide you through your legal options. We’ll help you prove your case.
Understanding Emotional Distress in California
Despite the intangible nature of emotional distress, it can deeply affect your daily life, well-being, and overall mental health. California law recognizes the severity of emotional distress and provides ways to seek compensation in personal injury lawsuits.
Emotional Distress Defined
Emotional distress is the psychological response to a traumatic event. While visible symptoms accompany physical injuries, emotional distress is generally characterized by negative emotions and feelings such as the following:
- Anger
- Anxiety
- Depression
- Fear
- Grief
- Guilt
- Hopelessness
- Humiliation
- Irritability
Emotional distress can be overwhelming and even compromise your ability to manage daily routines.
Misconceptions Surrounding Emotional Distress
The intangibility of emotional distress can lead to common misconceptions, including:
- “It is not real if it is not physical.” Some people believe that damages need to be physical to recover compensation. However, California law recognizes the seriousness of emotional injuries, even if they lack physical symptoms.
- “You can’t prove it.” Despite its intangibility, you can prove emotional distress in court. You can provide evidence through medical records, journal entries, and expert testimonies.
- “Only direct victims can claim emotional distress.” California law allows you to file for emotional distress even if you are not a direct victim. For example, a close family member who witnesses a traumatic event may be eligible to file an emotional distress claim.
Emotional Distress: Negligent Versus Intentional Infliction
There are two primary types of emotional distress under California law. They vary in how the emotional distress was inflicted, whether accidentally or intentionally.
Negligent Infliction of Emotional Distress in California
Negligent infliction of emotional distress occurs when someone’s negligent actions cause emotional harm. Typically, those injured by someone else’s negligence may suffer emotional distress in addition to their physical injuries.Â
However, California also permits those who only suffer emotional harm from another’s negligence to recover damages in some situations. For example, if Bob accidentally caused an accident where Sarah saw her mother get injured, Sarah might suffer emotional distress due to Bob’s negligence.
Intentional Infliction of Emotional Distress in California
Intentional infliction of emotional distress occurs when someone purposefully causes emotional harm. For example, if David maliciously spreads false rumors about John, this could cause John severe emotional turmoil.
In some cases, an action can fall under intentional infliction of emotional distress, even if the action was not truly intentional. Under California law, the court can classify accidents caused by extreme recklessness or outrageous conduct as intentional.
Proving Emotional Distress
To successfully prove your emotional distress claim in a California court, you must prove certain elements of your claim. There are numerous ways to provide evidence to bolster your suit.Â
Elements of Emotional Distress Claims
Proving emotional distress is situational. It can vary depending on several factors, including whether:
- The emotional distress was inflicted intentionally or negligently.
- You were a direct victim or bystander.
- You suffered additional physical injuries.
For example, if you suffered emotional distress inflicted intentionally, you must prove the following elements of your claim:
- The harmful conduct was outrageous.
- The defendant intended to cause you emotional distress or acted with reckless disregard, knowing that you would suffer emotional distress.
- You suffered severe emotional distress.
- The defendant’s conduct substantially factored into your severe emotional distress.
Evidence for Emotional Distress Claims
The evidence for your claim will vary depending on the circumstances. However, evidence frequently used to prove an emotional distress case includes:
- Eyewitness testimonies
- Police reports
- Photographic or video evidence
- Medical records
- Therapy records
- Journal entries
- Expert testimonies
Emotional Distress and Damages in California
How much can you sue for emotional distress in California? A brief legal analysis of your legal claim can provide you with an estimate of your potential damages. You may be eligible for various types of emotional distress damages in California. Understanding these damages is key to setting realistic goals.Â
What Compensation Can I Receive for Emotional Distress?
There are two main categories of compensation:
Economic damages:Â Economic damages include quantifiable losses, such as therapy costs and lost wages.
Non-economic damages: Non-economic damages are more subjective but are no less serious. They include pain and suffering, emotional anguish, and loss of enjoyment of life.
How Are Emotional Distress Damages Calculated in California?
Damage calculations can be complex, especially when non-economic damages are present. The following factors may influence the court’s calculation:
- The severity of your emotional distress
- Its impact on your daily life
- The duration of your emotional distress
Are There Any Caps on Emotional Distress Damages in California?
Generally, California does not impose emotional distress damage caps. However, there are a few exceptions. For example, medical malpractice cases have a non-economic damage cap of $250,000.
Can I Recover Punitive Damages?
Punitive damages may be available if you suffered intentional emotional distress, particularly if the harmful conduct was malicious or egregious. While the court awards punitive damages sparingly, they can be substantial.Â
Are Emotional Distress Damages Taxable in California?
Your damage awards may or may not be taxable income, depending on your circumstances. For example, if your emotional distress damages result from a physical injury or sickness, the IRS will not consider your economic and non-economic damages taxable income.Â
However, damages for purely emotional harm that does not connect to a physical injury or illness are taxable. In addition, punitive damages are always taxable.
Statute of Limitations for Emotional Distress in California
Perhaps the most serious limitation for your claim is the statute of limitations, or legal deadline, for filing your case.Â
California sets the statute of limitations for personal injury claims, including emotional distress, at two years from the date of injury.
However, sometimes, you may fail to recognize your injury immediately; in this case, the discovery rule applies. It states that your statute of limitations expires one year after discovering your injury.
Other exceptions to the statute of limitations may apply if a minor or mentally incapacitated person suffers emotional distress from another’s conduct.
How Cutter Law Can Help in Your Emotional Distress Case
Emotional distress cases can be overwhelming, especially when you still bear the emotional burden of the traumatic incident. Cutter Law can help you navigate the complexities of your emotional distress case. Our California personal injury legal team has a proven track record in handling emotional distress lawsuits in California.
Contact us today for a free, no-obligation consultation. Your emotional distress lawyer will answer your questions, analyze your claim, and provide you with the most promising legal options.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
