If your peace of mind has been shattered by someone else’s actions, California law may give you a path to justice. If someone else’s conduct left you feeling anxious, depressed, or traumatised, you might be wondering: Can I sue for emotional distress in California?
The answer is yes, under certain conditions.
California law recognises emotional suffering as a legitimate harm, and you may be able to pursue compensation even without a physical injury. But not all emotional distress cases qualify. It depends on what happened, how severe the impact is, and whether there’s evidence to support your claim.
Here’s what you need to know about filing an emotional distress claim in California, including the two main types of cases, what counts as “mental anguish,” how you build the case, and when to talk to an attorney.
What Is Emotional Distress?
Emotional distress refers to the psychological impact of another person’s harmful actions. It can include:
- Anxiety
- Depression
- Insomnia
- Post-traumatic stress
- Shame or humiliation
- Panic attacks
- Loss of enjoyment of life
Unlike physical injuries, these symptoms aren’t always visible, but they’re real, and the law takes them seriously.
Two Types of Emotional Distress Claims in California
California law allows emotional-distress lawsuits under two main legal theories:
1. Intentional Infliction of Emotional Distress (IIED)
This applies when someone deliberately causes severe emotional harm. To win an IIED case, you must show:
- The defendant’s conduct was outrageous and extreme
- They acted with the intent to cause distress (or reckless disregard)
- You experienced severe emotional suffering as a result
Example: A supervisor spreads false rumours about you to ruin your reputation, causing extreme anxiety and depression.
2. Negligent Infliction of Emotional Distress (NIED)
This covers situations where someone carelessly causes emotional harm. NIED claims often arise in scenarios such as:
- Car accidents, as victims continue to struggle with the emotional impact of the crash.
- Medical malpractice
- Workplace injuries
- Slip and fall incidents
- Witnessing a loved one’s injury or death
To succeed, the usual requirements are:
- The defendant was negligent
- Their actions caused you emotional suffering
- You were either directly harmed, or a close relative who witnessed the harm first-hand
The seminal case in California for NIED is Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916, which held that a “direct victim” of negligence can recover emotional distress without a physical injury.
Can You Sue Without a Physical Injury?
Yes—you can sue for emotional distress in California even if there’s no physical injury. But your case must meet a higher legal standard. Courts will expect:
- Strong evidence of emotional harm (such as a diagnosis, therapy records, or expert testimony).
- Proof the defendant’s actions were extreme or reckless
- A clear connection between the defendant’s behavior and your suffering
If there is a physical injury, emotional damages are often packaged into the personal injury claim automatically.
What Does “Outrageous Conduct” Mean?
For intentional emotional distress cases, California courts define “outrageous conduct” as behavior that:
- Exceeds all bounds of decency
- Would be considered shocking or intolerable in a civilized society
It’s not enough that someone was rude or inconsiderate. The conduct must be truly egregious, such as threatening violence, stalking, or publicly humiliating someone in a malicious way.
How to Prove Emotional Distress
Winning an emotional distress case requires clear, documented evidence. The more detailed and thorough your proof, the stronger your case. Key proof components include:
1. Medical & Mental-Health Records
- Diagnosis of anxiety, depression or PTSD
- Prescriptions for antidepressants or anti-anxiety medication
- Notes from counselling or therapy sessions
2. Expert Testimony
An expert testimony from a psychologist or psychiatrist can explain how the incident impacted your mental health.
3. Personal Documentation
- Journals, emails or text messages showing emotional impact
- Testimony from friends, family or coworkers about changes they observed
4. Proof of the Defendant’s Actions
- Photos, videos, messages or witness statements
- Evidence of negligence, misconduct or malicious intent
When documenting your mental health, it’s important to note any prior diagnoses or conditions, since they can affect how damages are calculated. California courts assess whether your distress was aggravated by a pre-existing condition.
Who Can Be Sued?
You may be asking, Can I sue a business? The answer is yes. You can also sue individuals, employers, or even government agencies if their actions caused emotional distress. Common defendants in emotional distress cases include:
- A negligent driver
- A school or employer that enables bullying or harassment
- A landlord ignoring unsafe or abusive conditions
- A hospital or a doctor committing medical negligence
No matter who the responsible party is, the key factor is proof of negligence or misconduct that led to your suffering. California courts hold everyone, from private individuals to major institutions, accountable when their actions cause serious emotional harm.
If you believe someone’s behavior has crossed that line, it’s worth speaking with a California personal injury attorney to understand your options and take the next steps toward justice.
How Much Compensation Can You Get?
Compensation for emotional distress varies widely because each case is unique. Here are some key statistics and guidelines:
- In general, California doesn’t impose a fixed cap on non-economic damages (which includes emotional distress) outside medical‐malpractice contexts.
- For medical malpractice claims in California, the non-economic damages cap (which includes emotional distress) is currently $350,000 and increases by $40,000 each year until it reaches $750,000.
- Settlement ranges vary: one practitioner’s guide notes mild emotional distress awards may range from $5,000 to $10,000, moderate from $15,000 to $75,000, and severe (e.g., PTSD/long-term treatment) up to $100,000-$500,000+.
Because calculation is subjective, courts emphasise that there is no formal standard for quantifying emotional distress damages in California.
Time Limits to File a Claim
In California, the statute of limitations for most emotional distress claims is two years from the date of the incident. However, there are exceptions, such as cases involving a government entity or where the harm was discovered later, so it’s crucial to act early.
Emotional distress cases are challenging to prove, and insurance companies often dismiss psychological injuries as “less serious.” A qualified California personal-injury attorney can help you:
- Determine if you have a valid claim
- Collect and present the evidence you’ll need
- Deal with insurance adjusters or opposing attorneys
- File your lawsuit before the deadline
If you’ve suffered emotional trauma due to someone else’s negligence or cruelty, don’t wait. Contact an experienced California attorney today from Court House Lawyers for a free, confidential consultation to review whether you have a case. Let our team help you protect your rights and hold the responsible party accountable.
FAQs About Emotional Distress Claims in California
Can you sue for emotional distress without seeing a doctor?
Yes—but while it’s possible, your claim will be significantly stronger if you have professional documentation like therapy, psychologist or psychiatrist records.
What qualifies as “severe emotional distress”?
Severe distress often involves a diagnosable mental health condition (such as PTSD, major depression, or chronic anxiety), which requires significant treatment, and disrupts daily life for an extended period.
Can I sue my employer for emotional distress in California?
Yes—if you can show workplace harassment, discrimination, or negligence caused your emotional suffering. You’ll still need to prove the conduct was outrageous or negligent and that you suffered serious emotional harm.
What evidence helps most in emotional distress claims?
The strongest evidence includes:
Medical/therapy records
Mental-health expert testimony
Journals, emails/texts documenting your suffering
Witness statements showing behavior changes
Proof of the defendant’s wrongful actions
Final Thoughts
Emotional pain can be just as damaging as physical harm and sometimes even worse. If you’ve suffered because of someone else’s actions, you don’t have to suffer in silence. Whether it was intentional cruelty or careless negligence, California law gives you the right to pursue compensation.
However, success depends on strong evidence, proper legal strategy, and timely action. While short-term solutions like settlements may help, building a strong case often benefits from integrating your claim into a broader authority-based strategy, so you not only seek compensation now but also lay the groundwork for sustainable results moving forward.
Ready to get started? Reach out today to speak with an experienced California attorney who understands emotional distress claims and can guide you step-by-step toward clarity, accountability, and healing.
