• About
    • Our Attorneys
    • Verdicts and Settlements
    • Community
      • Sponsorship Request
      • Partnerships
      • Project Backpack
    • Testimonials
    • Scholarships
      • Cancer Scholarship
    • Careers
    • Our Core Values
  • Practice Areas
    • Car Accident
    • Truck Accident
    • Motorcycle Accident
    • Product Liability
    • Mesothelioma
    • Workers Compensation
    • Dog Bite
    • Slip and Fall
    • Wrongful Death
    • Maritime Injury
    • Pedestrian Accident
    • Dangerous Drugs
    • Defective Devices
    • Mass Torts
    • Premises Liability
    • View All Practice Areas
  • Areas we Serve
    • Lafayette
    • Alexandria
    • New Iberia
    • Marksville
    • New Orleans
    • Monroe
    • Arnaudville
    • Baton Rouge
    • Breaux Bridge
    • Broussard
    • Cankton
    • Carencro
    • Cecilia
    • Duson
    • Cade Coteau
    • Grand Coteau
    • Lake Charles
    • Opelousas
    • View All Areas We Serve
  • Resources
    • Blog
    • FAQs
    • Videos
    • For Referring Attorneys
  • Hurricanes
  • Contact Us
Available 24/7 • 365 Days (337) 777-7777 Hablamos Español
(337) 777-7777 Hablamos Español
No Win - No Fee AVAILABLE 24/7

Is Emotional Distress a Form of Personal Injury?

Put 350 Years of Experience in Your Corner GET A FREE CASE EVALUATION
Your Voice is Our Voice
Attorney David Laborde | Attorney Digger Earles
  1. Home
  2. FAQs
  3. Is Emotional Distress a Form of Personal Injury?
On This Page
  1. Understanding What Emotional Distress Is
  2. When Can You Sue for Emotional Distress?
  3. Damages Available in Emotional Distress Personal Injury Cases
  4. What Evidence Can Prove Emotional Distress as a Type of Personal Injury?
  5. How Can a Lawyer Help Prove Emotional Distress Occurred?
  6. Call Today for Help With Proving an Emotional Distress Injury
Contact Us Today

Get The Help
You Need

I NEED HELP NOW

Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
Is Emotional Distress a Form of Personal Injury?

Emotional distress is a form of personal injury, and depending on where you live, it is recognized as a compensatory loss, either as a stand-alone claim or part of a broader claim that includes physical injury.

You may see emotional distress referred to as mental anguish or psychological trauma. Both fall under the category of non-physical injuries. However, plaintiffs claiming this loss should consider linking it to a physical injury to show how it caused them psychological harm.

A Marksville personal injury lawyer from our firm can advise you on how to go about claiming emotional distress as a loss in your case. You can learn more during a free consultation.

Understanding What Emotional Distress Is

Emotional distress is a claim that can be made when an individual has suffered significant psychological harm after an upsetting event. In legal cases, emotional distress can occur after experiencing someone else’s negligent or intentional actions. 

It can be temporary or permanent and causes anxiety, depression, post-traumatic stress disorder (PTSD), or another mental health disorder. To successfully claim emotional distress, the claimant usually must prove the distress is severe and that it directly results from the defendant’s actions. 

Symptoms of emotional distress may include:

  • Persistent worry
  • Tiredness
  • Changes in appetite
  • Withdrawal from social interactions
  • Irritability or anger
  • Difficulty focusing or remembering
  • Sleep disturbances (e.g., insomnia)
  • Challenges in maintaining daily routines
  • Hopeless or helpless feelings
  • Flashbacks to traumatic events
  • Suicidal thoughts or self-harm
  • Mood fluctuations or swings
  • Substance use (drugs or alcohol)
CTA CTA

Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.

Client
Call Us Today We Are Here For You
(337) 777-7777

When Can You Sue for Emotional Distress?

In Louisiana, you can sue for emotional distress under the broader categories of negligence and intentional infliction of emotional distress (IIED). Here’s a detailed overview:

Negligence

  • Accidents: You can claim emotional distress if your psychological harm resulted from an accident caused by someone else’s negligence, such as a car accident or workplace injury.
  • Medical malpractice: Emotional distress claims can arise from medical malpractice cases where the healthcare provider’s negligence resulted in severe emotional trauma.
  • Physical injury: You may need to show your emotional distress be accompanied by a physical injury or symptoms that manifest physically, although there are exceptions. An attorney can advise you further.

Intentional Infliction of Emotional Distress (IIED)

  • Harassment and bullying: If you have been a victim of severe harassment or bullying that caused significant emotional trauma, you may have grounds for an IIED claim.
  • Assault and battery: Emotional distress claims can be made if you suffered psychological harm from being intentionally harmed or threatened.
  • Defamation: False statements that damage your reputation and cause significant emotional suffering can also be grounds for an emotional distress claim.
CTA CTA

I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.

Rick Smith | Client
Contact Us Today We want to be there for you

Damages Available in Emotional Distress Personal Injury Cases

A plaintiff suing for emotional distress can recover several damages that fall into different categories. Each loss compensates for various aspects of the emotional and psychological harm suffered. 

The main types of damages include:

  • Medical expenses: Costs for treatment related to emotional distress, including therapy, counseling, psychiatric care, and medication.
  • Lost income: Compensation for income lost due to an inability to work, reduced productivity, or job loss resulting from emotional distress.
  • Future economic losses: Projected future costs related to ongoing treatment and lost earning capacity.

Non-Economic Damages

  • Pain and suffering: Payment for the physical and emotional pain you endured as a result of the distress. The amount of money you can sue for pain and suffering depends on the circumstances of the situation and the severity of your injuries.
  • Loss of enjoyment of life: Damages if you cannot or do not enjoy daily activities, hobbies, and life in general.
  • Loss of consortium: Compensation for the negative impact on the plaintiff’s relationship with their spouse or family members due to the emotional distress.

Are Punitive Damages Available?

If the defendant’s conduct was particularly egregious or malicious, the court may award punitive damages to punish the defendant and deter similar actions in the future. 

However, punitive damages are not commonly awarded in personal injury cases. They are typically reserved for cases involving gross negligence or intentional harm.

In any of the above categories, various factors can influence financial awards. These include the severity of emotional distress, the evidence presented, and the effects on the injured party’s daily life. A personal injury lawyer can help you build your case.

CTA CTA

The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
Call Us - (337) 777-7777 We are here when you need us the most

What Evidence Can Prove Emotional Distress as a Type of Personal Injury?

If you wish to seek emotional distress as a form of personal injury in a civil lawsuit, you must have evidence to back your claim. This evidence should be accurate, consistent, and compelling to help you or your lawyer establish a strong case.

Examples of this evidence are:

  • Medical records: Records showing diagnoses, treatment plans, medications, and therapy sessions from doctors, psychologists, or psychiatrists. 
  • Invoices, receipts: Financial records showing payments for services received for therapy, counseling, and related services.
  • Expert testimony: Testimony from mental health professionals explaining the extent and impact of the emotional distress.
  • Personal testimony: A detailed account from the injured person describing emotional experiences, symptoms, and daily life impact.
  • Witness statements: Observations from family, friends, or colleagues on changes in behavior, mood, and overall well-being.
  • Physical evidence of symptoms: Manifestations like weight changes, sleep disturbances, gastrointestinal issues, or other stress-related health problems.
  • Journals or diaries: Personal documentation of emotional state, struggles, and significant events or triggers.
  • Work records: Evidence of reduced productivity, absenteeism, or job loss due to emotional distress, including performance reviews showing decline post-incident.
  • School records: Academic records showing declines in grades, attendance, or other issues related to emotional distress.
  • Impact statements: Written details of the emotional and psychological impact on relationships, social activities, and hobbies.
  • Photographs or videos: Visual evidence of changes in appearance, demeanor, or behavior over time.
  • Communications: Emails, text messages, or letters documenting communications about emotional distress.
  • Social media posts: Posts reflecting changes in mood, behavior, or social engagement, providing a timeline of emotional impact.
CTA CTA

They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.

Client
Contact Us Today We will work to get you the best outcome for your case

How Can a Lawyer Help Prove Emotional Distress Occurred?

One critical area a lawyer from our firm can help in is proving how your case satisfies the four elements of negligence. These are: 

  • Duty of care: The defendant owed you a legal duty to act with reasonable care.
  • Breach of duty: The defendant violated that duty by conducting or not conducting themselves in a certain way.
  • Causation: The defendant’s breach directly caused your emotional distress.
  • Damages: You suffered actual harm, such as emotional distress, that can be compensated.

Proving the elements of negligence is important because it shows that the other person’s actions caused your emotional distress, making it fair for you to get compensation. This helps the court decide who is responsible and what damages should be paid.

Other Ways Our Lawyer Can Help Prove an Emotional Distress Claim

A lawyer can help prove emotional distress by:

  • Gathering evidence: Collecting medical records, therapy notes, and witness statements. Obtaining work and school records. 
  • Securing expert testimony: Arranging for mental health professionals to testify. 
  • Preparing personal testimony: Assisting clients in detailing their emotional experiences and daily life impact.
  • Organizing physical evidence: Presenting evidence of physical symptoms related to emotional distress.
  • Legal representation: Developing a legal strategy and representing the client in negotiations or court. They can also tell you how long it can take you to settle your personal injury lawsuit.

Call Today for Help With Proving an Emotional Distress Injury

Mental health conditions can result from an accident or incident caused by negligence. Plaintiffs generally can sue for emotional distress as a form of personal injury, but showing the connection between their physical injuries and mental and emotional trauma can help prove their case.

This can be a lot more challenging to do than it sounds. A personal injury lawyer from Laborde Earles can lead your case and take care of proving your case. To learn more during a free consultation, call or contact us online today for a free consultation.

Personal Injury Blog Posts:
Laborde Earles Partners with Love Acadiana to Feed 3,000 People this Thanksgiving

Laborde Earles Partners with Love Acadiana to Feed 3,000 People this Thanksgiving

At Laborde Earles Injury Lawyers, community is one of our core values. This Thanksgiving, we are thrilled to have partnered with Love Acadiana to purchase, pack and distribute 460 Gobble Boxes filled...

Uber Accident Settlement

Uber Accident Settlement

If you are involved in an accident with an Uber driver, you may be eligible for compensation. You may have been a passenger in the Uber vehicle or another driver or passenger whose car is struck by...

Who Is Liable if an Autonomous Car Feature Causes a Crash?

Who Is Liable if an Autonomous Car Feature Causes a Crash?

The manufacturer of the car or the manufacturer of a faulty or defective feature could be financially liable if an autonomous car feature causes a crash. Determining fault is a complex undertaking,...

Why We Are

The Best Choice For You

Over 1,000+ 5-Star Google Reviews Across Our Locations
Over $1 Billion Recovered For Our Clients
An Award-Winning Team in Your Corner
You Get the Full Team on Your Case, Including David & Digger
Communication with You is a Top Priority
We Give Back to Our Communities

No Fee Unless We Win Your Case

Available 24 hours a day • 7 days a week
GET YOUR FREE CASE EVALUATION
Personal Injury FAQ:
What Are Personal Injury Damages? What Are Personal Injury Damages?

Personal injury damages are monetary awards injured people may receive as compensation for harm caused by another party. “Damages” is also the term used for the injuries the person

Chemical Plant Accidents and Injuries Chemical Plant Accidents and Injuries

As a hub of American industry, Louisiana has its fair share of chemical plants. Unfortunately, these plants are (all too often) the sites of harmful accidents that cause injuries to workers and

When Do I Have to Stop for a School Bus in Louisiana? When Do I Have to Stop for a School Bus in Louisiana?

Over the coming weeks, children all over the state will be heading back to school, and that means motorists need to start looking out for school buses on the roads. Collisions involving buses

Contact Us Form
CONTACT US TODAY NO WIN, NO FEE GUARANTEE
Name(Required)
Name(Required)
Untitled
Untitled

FAQ Categories
  • Accidents in Intersection
  • Bicycle Accident
  • Car Accidents
  • Defective Product
  • Dog Bite
  • Head Injury
  • Hurricane Damage
  • Jones Act
  • Knee Injury
  • Maritime Injury
  • Medical Malpractice
  • Mesothelioma
  • Motorcycle Accidents
  • Neck Injury
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Rear End Collisions
  • Rideshare Accidents
  • Robocalling
  • Sexual Abuse
  • Slip and Fall Injury
  • Spinal Cord Injury
  • Traumatic Brain Injury
  • Truck Accidents
  • Whiplash Injury
  • Workers' Compensation
  • Wrongful Death
  • Zantac

 

Frequently Asked Questions
How Common Are Rear End Collisions? How Common Are Rear End Collisions?
Suffering From Arm Pain After a Car Accident Suffering From Arm Pain After a Car Accident
What if My Bicycle Accident Claim Was Denied by Esurance? What if My Bicycle Accident Claim Was Denied by Esurance?
Find Yourself a Passionate Lawyer Now!
  • Chalmette Personal Injury Lawyer
  • Youngsville Personal Injury Lawyer
  • Carencro Personal Injury Lawyer
  • Barre Personal Injury Lawyer
  • Jeanerette Personal Injury Lawyer
  • Monroe Personal Injury Lawyer
  • Jefferson Personal Injury Lawyer
  • Ledoux Personal Injury Lawyer
  • Gray Personal Injury Lawyer
  • Port Neches Personal Injury Lawyer
How can we help you

How We Can Help You

Let our injury attorneys help you maximize the compensation you deserve to turn your life back around.


Contact us today if you want to tell us about your accident. We have someone available to discuss your situation at all times of the day.

Contact Us

(337) 777-7777

FREE Case Evaluation

No Win - No Fee
Name(Required)
Name(Required)
Email Opt In
SMS Opt in

Contact Us

(337) 777-7777

OFFICE LOCATIONS

Lafayette
1901 Kaliste Saloom Rd,
Lafayette, LA 70508

Phone : (337) 777-7777

Alexandria
100 Versailles Blvd, Suite A,
Alexandria, LA 71303

Phone : (318) 777-7777

Marksville
306 North Washington Street, Suite A,
Marksville, LA 71351

Phone : (318) 310-8922

New Iberia
230 W. Main Street,
New Iberia, LA 70560

Phone : (337)-547-2777

Lake Charles
530 E College St,
Lake Charles, LA 70605

Phone : (337) 612-6909

New Orleans
821 Baronne St, Suite D,
New Orleans, LA 70113

Phone : (504) 777-7777

Baton Rouge
660 St Ferdinand St,
Baton Rouge, LA 70802

Phone : (225) 777-7777

Practice Areas

  • Bicycle Accident
  • Car Accident
  • Dangerous Drugs
  • Dog Bite
  • Maritime Injury
  • Mass Torts
  • Motorcycle Accident
  • Pedestrian Accident
  • Premises Liability
  • Product Liability
  • Toxic Torts
  • Truck Accident
  • Slip and Fall
  • Wrongful Death

About Links

  • Our Attorneys
  • Verdicts and Settlements
  • Community
  • Testimonials
  • Scholarships

Leave a Review

  • LAFAYETTE
  • ALEXANDRIA
  • MARKSVILLE
  • NEW ORLEANS
  • NEW IBERIA
  • LAKE CHARLES
  • BATON ROUGE

Copyright © Laborde Earles Injury Lawyers 2025.
All Rights Reserved.

Disclaimer / Privacy Policy / Sitemap

Hennessey-Digital-Badge