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
- Damages are the amount of money that will reasonably and fairly compensate the plaintiff for the harm. Ninth Circuit Model Civil Jury Instruction 5.1
- Model federal jury instructions list mental, physical, and emotional pain and suffering, including what will with reasonable probability be experienced in the future, as an element of damages. Ninth Circuit Model Civil Jury Instruction 5.2
- The plaintiff has the burden of proving damages by a preponderance of the evidence. Ninth Circuit Model Civil Jury Instruction 5.1
- A damages award must be based on evidence and not on speculation, guesswork, or conjecture. Ninth Circuit Model Civil Jury Instruction 5.1
- In federal employment discrimination cases, compensatory damages can cover emotional harm such as mental anguish, inconvenience, or loss of enjoyment of life. EEOC, Remedies for Employment Discrimination
- In those cases, emotional-distress and punitive damages together are capped at $50,000 to $300,000 depending on employer size. 42 U.S.C. § 1981a(b)(3)
- Punitive damages in those cases are not available against government employers. 42 U.S.C. § 1981a(b)(1)
- A civil case begins by filing a complaint that explains how the defendant caused the harm and asks for relief. U.S. Courts, Civil Cases
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?
Is there a cap on emotional distress damages?
What evidence helps?
Related
- Do I Need a Lawyer for Small Claims Court?
- How to File a Small Claims Case, Step by Step
- How to Sue Someone: The Basic Steps
- Small Claims Court by state
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.