Emotional distress can be just as damaging as physical harm. Anxiety, depression, PTSD, and other psychological injuries often disrupt lives, careers, and relationships. California law recognizes claims for emotional distress — even in cases where no physical injury occurred.
Understanding the difference between negligent and intentional infliction of emotional distress, and the legal thresholds required, is essential to protecting your rights.
⚠️ Common Emotional Distress Scenarios
Emotional distress claims often arise from:
- Workplace harassment or discrimination
- Witnessing traumatic events such as accidents or assaults
- Severe bullying or intimidation in schools or workplaces
- Wrongful termination or retaliation causing psychological harm
- Outrageous conduct by individuals or companies that shocks the conscience
These situations can cause lasting emotional harm, even without physical injury.
🧑💼 Negligent vs. Intentional Infliction of Emotional Distress
California law recognizes two types of claims:
- Negligent Infliction of Emotional Distress (NIED)
- Requires proof that the defendant owed you a duty of care, breached that duty, and caused foreseeable emotional harm.
- Example: A company negligently exposes employees to traumatic events without proper safeguards.
- Intentional Infliction of Emotional Distress (IIED)
- Requires proof of extreme and outrageous conduct intended to cause severe emotional harm.
- Example: An employer deliberately humiliates an employee in front of coworkers, causing lasting trauma.
Courts examine the severity of the distress, the outrageousness of the conduct, and whether the harm was foreseeable.
🧾 Real-World Example: Workplace Harassment
A client endured months of verbal abuse and intimidation from a supervisor. Although no physical injury occurred, the harassment led to severe anxiety and depression.
We filed an IIED claim against the employer, supported by medical records and witness testimony. The case resulted in a settlement covering therapy costs, lost wages, and emotional suffering.
🛡️ Legal Thresholds in California
To succeed in an emotional distress claim, plaintiffs must show:
- Severe emotional harm beyond ordinary stress or upset
- Causation linking the defendant’s conduct to the distress
- Evidence such as medical records, therapist testimony, or witness accounts
California courts set a high bar for these claims, but strong evidence can lead to significant compensation.
📋 What to Do If You’ve Suffered Emotional Distress
- Seek professional help — therapy records strengthen your case
- Document incidents — emails, texts, or witness statements
- Report workplace harassment or misconduct to HR or supervisors
- Avoid direct confrontation with the offender — it may worsen your case
- Contact an attorney to evaluate whether your claim meets California’s legal thresholds
❓ Frequently Asked Questions
Can I sue my employer for emotional distress? Yes. If your employer’s conduct was negligent or intentionally harmful, you may have a claim. Workplace harassment, discrimination, or retaliation often form the basis of emotional distress lawsuits.
Do I need medical records to prove distress? Medical records are not strictly required, but they greatly strengthen your case. Courts prefer documented evidence from therapists, doctors, or counselors.
What damages can I recover? You may recover compensation for therapy costs, lost wages, pain and suffering, and in some cases punitive damages if the conduct was extreme.
Can I sue without physical injury? Yes. California law allows emotional distress claims without physical injury, provided the distress is severe and well‑documented.
👨⚖️ Why You Need a Lawyer
Emotional distress cases are challenging because they rely on proving psychological harm. Our attorneys:
- Gather medical and psychological evidence
- Identify whether your case qualifies as NIED or IIED
- Build strong arguments to meet California’s strict legal thresholds
- Fight for full compensation, including punitive damages when appropriate
We’ve helped clients across California recover justice for emotional harm.
📞 Call Infinity Law Group Today
If you’ve suffered emotional distress in California, don’t face the legal system alone. We’ll help you understand your rights and build a strong case. 📲 Schedule your free consultation or call us directly at (925) 732-1188
