All Laws Decoded

Suing for Emotional Distress: What You Need to Know

Emotional distress is usually recovered as a type of damages in a lawsuit (for example, an injury, discrimination, or harassment case). Courts can award money for mental and emotional pain and suffering, but you must prove your damages with evidence, and some federal claims cap these awards.

What the law says

How to file a complaint

Emotional distress is claimed in a lawsuit filed with the proper court (or, for workplace discrimination, after filing an EEOC charge within 180 or 300 days). Filing deadlines and the rules for stand-alone emotional distress claims are set by state law; check your local court's self-help resources. U.S. Courts, Civil Cases; EEOC, Time Limits for Filing a Charge

FAQ

Can I get money for emotional distress?
Emotional pain and suffering is a recognized category of damages, but you must prove it with evidence; whether you can sue for it on its own depends on state law.
Is there a cap on emotional distress damages?
For federal employment discrimination claims, yes: $50,000 to $300,000 combined with punitive damages, based on employer size. Other claims depend on state law.
What evidence helps?
Awards must rest on evidence, not speculation, so records of the harm and its effects are important.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.