Can I sue for emotional distress?

On Behalf of | May 28, 2025 | Personal Injury

Emotional distress can have a profound impact on your well-being, comparable to physical injuries. In Missouri, you may be eligible to pursue legal action for emotional suffering, but specific legal criteria must be satisfied. Understanding these requirements is essential if you’re considering a claim.

What qualifies as emotional distress?

Emotional distress encompasses mental anguish triggered by a traumatic incident. This may include anxiety, depression, chronic insomnia, or persistent fear. Such conditions often arise from serious events like car accidents or physical assaults. To bring a valid claim, you must demonstrate that the emotional harm is genuine, substantial, and enduring.

Missouri law acknowledges two categories of claims: negligent and intentional infliction of emotional distress. If someone deliberately caused your psychological harm or acted with reckless disregard, your case may be stronger. Nevertheless, even unintentional incidents can justify compensation if the distress is severe and well-documented.

Is physical evidence necessary?

While Missouri does not strictly require physical symptoms to support an emotional distress claim, having tangible medical evidence can bolster your case. Courts tend to give greater weight to claims accompanied by documented physical manifestations, such as migraines, digestive disorders, or panic attacks. Medical evaluations, counseling records, and clinical diagnoses serve as valuable supporting evidence.

You don’t need visible injuries to seek compensation, but your emotional suffering must exceed routine stress. Legal standards focus on whether a reasonable person would find your experience unusually traumatic.

What evidence strengthens a claim?

Strong documentation significantly enhances your case. Personal journals, messages, medical records, and therapist notes are all helpful. Additionally, statements from family, friends, or colleagues who observed noticeable changes in your demeanor or behavior add credibility.

Describing how the incident has disrupted your professional, academic, or social life also supports your position. Courts are more likely to award damages when there’s clear evidence of life-altering psychological effects.

If emotional distress has significantly altered your life, you may be entitled to financial compensation. This can cover therapy, lost income, and the pain itself. Missouri law provides a path for recovery, but substantiating your claim with clear, compelling evidence is essential.

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