Emotional distress damages may accompany physical injury or, in limited circumstances, stand alone. Standalone claims require intentional infliction, negligent infliction within recognized categories, or physical manifestation depending on the jurisdiction.
Zone of danger and bystander rules govern observer claims.
Alternative Names:
Mental Anguish Damages, Emotional Harm Damages
Why it Matters?
Garden-variety distress accompanying physical injury requires no separate proof and rarely supports mental examination, while a claim asserting a diagnosed psychiatric condition places mental condition in controversy and opens examination and treatment records. That distinction shapes how plaintiffs plead the claim, and the defense response depends on which version is asserted.
Frequently Confused with
Frequently asked questions
What distinguishes garden-variety distress?
What opens mental examination?
