When someone else’s negligence, recklessness, or intentional wrongdoing leads to serious emotional trauma, it’s natural to wonder if you can sue for emotional distress. Although personal injury claims often focus on tangible bodily harm and property damage, the law also recognizes that psychological harm can be just as debilitating. Emotional distress—ranging from anxiety and depression to insomnia, post-traumatic stress disorder (PTSD), and other mental health conditions—can have profound, long-lasting impacts on your quality of life.

If you’re considering filing a lawsuit for emotional distress, it’s important to understand the legal framework, what types of emotional harm are recognized, the evidence required to build a strong case, and how attorneys and courts handle these claims. Below, we break down what you need to know, so that by the end of this article, you’ll have a clearer understanding of your rights and options.

Defining Emotional Distress in Legal Terms

In personal injury law, “emotional distress” generally refers to the psychological suffering a person endures as a result of another party’s wrongful conduct. There are two main categories courts typically recognize:

1. Intentional Infliction of Emotional Distress (IIED): This occurs when someone’s deliberate actions are so outrageous and harmful that they cause severe mental anguish. For example, ongoing harassment, threats, or public humiliation might support an IIED claim.

2. Negligent Infliction of Emotional Distress (NIED): NIED claims arise when someone’s negligent behavior (rather than intentional wrongdoing) leads to significant psychological harm. In some states, a close family member who witnesses a traumatic event—like a severe car accident involving a loved one—may sue for the emotional distress suffered.

Types of Emotional Distress Claims

Colorado courts are open to claims of emotional distress under both IIED and NIED theories. However, they set a relatively high bar. To succeed, you must usually prove that:

• The defendant’s conduct was either extremely reckless or clearly outside the bounds of what a reasonable person would consider acceptable.

• Your emotional distress is severe—mere discomfort or annoyance is not enough.

• There is a clear connection between the defendant’s actions and your emotional suffering.

In some cases, Colorado courts may also look for physical manifestations of emotional distress or a medically documented psychological condition. While not always required, medical records, expert testimony from mental health professionals, and witness statements from friends and family can strengthen your claim.

Types of Evidence That Can Strengthen Your Claim

Building a strong emotional distress claim often involves thorough documentation. Consider the following types of evidence:

• Medical Records and Mental Health Evaluations: Therapy notes, psychological test results, and psychiatrist evaluations can demonstrate the severity and duration of your emotional harm.

• Expert Witness Testimony: Mental health professionals can explain diagnoses, causation, and how specific events triggered or worsened your condition.

• Personal Documentation: Journals, diaries, or even text messages shared with friends may indicate changes in mood, sleep patterns, or appetite that coincide with the distressing event.

• Witness Statements: Family members, friends, and coworkers may testify about changes in your behavior, mood, or personality they’ve observed since the incident.

Calculating Damages for Emotional Distress

Emotional distress damages aim to compensate you for mental suffering. While there is no exact formula, courts may consider factors like:

• Severity and Duration: How severe are your symptoms, and how long have you been experiencing them?

• Impact on Daily Life: Has your ability to work, maintain relationships, or enjoy hobbies been impacted?

• Cost of Treatment: Therapy sessions, medications, and other mental health services may be included in the calculation.

Your attorney will help you understand the potential value of your claim and may consult with experts to establish a fair damages range. In some cases, resolving emotional distress claims may involve settlement negotiations or mediation rather than a trial.

Legal Deadlines for Filing a Claim

In Colorado, the statute of limitations for emotional distress claims depends on the underlying cause of action:

• Personal Injury Cases: The statute of limitations is generally two years for claims unrelated to a motor vehicle and three years for motor vehicle-related claims (CRS 13-80-101).

• Workplace Claims: Cases involving harassment or discrimination may require filing with the Equal Employment Opportunity Commission (EEOC) or Colorado Civil Rights Division (CCRD) within 180 days of the incident.

Missing these deadlines could prevent you from pursuing your claim, so it’s essential to act quickly and consult an attorney.

Working With a Personal Injury Lawyer

Suing for emotional distress can be complex. The laws vary by state, and the standards for proving emotional harm are often more subjective than for physical injuries. By working with a knowledgeable personal injury lawyer—one experienced in Colorado law and sympathetic to the unique nature of emotional harm—you stand a better chance of achieving a favorable outcome.

A skilled attorney can help you by:

• Evaluating your case to determine if you meet the legal standards for emotional distress.

• Gathering evidence, including medical evaluations and witness statements.

• Negotiating with insurance companies or opposing counsel to pursue a fair settlement.

• Representing your interests in court if necessary.

References for Further Reading

Below are some reputable resources that can help deepen your understanding of emotional distress claims:

• Nolo’s Legal Encyclopedia on Emotional Distress

• Justia’s Overview on Intentional Infliction of Emotional Distress

• FindLaw’s Guide on Emotional Distress

• Colorado Revised Statutes (Official State Legislative Site)

• Colorado Judicial Branch Resources

More Questions to Ask

1. Can I sue for emotional distress without physical injuries?

Yes, but it is more challenging. Colorado law generally requires physical harm in NIED cases, but IIED claims do not require physical injuries if you can demonstrate severe emotional harm caused by the defendant’s intentional or reckless actions.

2. How do I prove the severity of my emotional distress?

Evidence such as medical diagnoses, testimony from mental health professionals, physical symptoms linked to stress, and personal accounts of how the distress has impacted your life can help prove the severity of your emotional distress.

3. Can I sue for emotional distress in a workplace harassment case?

Yes. Emotional distress is often a component of workplace harassment or discrimination claims. These cases may involve additional legal processes, such as filing a complaint with the EEOC or CCRD before pursuing a lawsuit.

4. How much compensation can I receive for emotional distress?

The amount of compensation varies depending on the severity of your distress, the impact on your life, and the evidence presented. Punitive damages may also be awarded in IIED cases to penalize extreme misconduct.

5. Do I need an attorney to file an emotional distress claim?

While you can file a claim without an attorney, emotional distress cases are often complex and require substantial evidence. An experienced attorney can help build your case, negotiate with opposing parties, and represent you in court.