Can You Sue Someone for Causing Stress?

Can I Sue Someone for Stress? | Law Offices of Mickey Fine

Yes, you can sue someone for causing stress, but California law requires the situation to meet specific legal standards. These claims address severe mental suffering that goes far beyond the typical anxieties of daily life. 

These cases are complex and depend heavily on the specific facts, but a personal injury attorney can provide guidance to determine if you have a valid claim to sue someone for causing stress.

Key Takeaways

  • You can file a lawsuit when someone’s extreme conduct or negligence causes you severe emotional distress.
  • Successful claims require specific evidence, such as medical records, witness statements, and documentation of the harmful behavior.
  • California law requires a related physical injury to recover emotional damages in claims arising from accidents, such as a car crash on the Westside Parkway.

Understanding Emotional Distress Claims in California



Stressed man sitting at a desk with head in hands, surrounded by bills and financial papers next to a laptop.
When people wonder whether they can sue someone for causing stress, they’re often talking about what the legal system calls emotional distress. This isn’t about feeling annoyed or having a bad day.

A legal claim for emotional distress is about severe or extreme emotional suffering caused by another person’s wrongful actions. California law provides pathways for you to seek accountability when this happens.

The law separates these claims into two main categories based on the other person’s behavior. Each type of claim has distinct elements that your case must satisfy.

Intentional Infliction of Emotional Distress (IIED)

An IIED claim arises when a person’s shocking actions cause you severe mental anguish. Your lawyer must prove several key points to succeed with this type of claim, including demonstrating that the person’s conduct was “extreme and outrageous.” 

They also need to show the at-fault party either intended to cause you emotional distress or acted with reckless disregard for that possibility. Furthermore, your attorney has to prove that you suffered severe emotional distress. 

Finally, they must establish a direct link showing that the outrageous conduct was the actual cause of your suffering. These cases set a high bar, focusing on behavior that no reasonable person should be expected to endure. 

Negligent Infliction of Emotional Distress (NIED)

A claim for NIED works differently. This type of claim happens when someone’s negligence causes you serious emotional distress. 

For instance, you may suffer trauma after a car accident on Highway 99 caused by a careless driver. You may also have a claim if you personally witnessed a traumatic event happening to a close family member. 

In California, direct victims of negligence typically need a physical injury to claim emotional distress damages. This rule links the mental trauma, like PTSD, directly to the physical harm of the accident. 

What Qualifies as Actionable Stress or Emotional Harm?

Not all stressful situations give you grounds for a lawsuit. The law distinguishes between the friction of daily life and the kind of severe distress that forms the basis of a legal claim. To successfully sue someone for causing stress, the harm you experience must be substantial and well-documented.

A judge or jury looks for evidence of suffering beyond what a reasonable person could handle. Fleeting sadness, anger, or anxiety usually do not meet the standard. 

The distress must be a profound and enduring emotional pain that may manifest in physical symptoms, such as debilitating anxiety, depression, insomnia, or other medically recognized conditions. 

The Role of “Outrageous Conduct” for IIED

For an IIED claim, the defendant’s behavior is the central focus. The term “outrageous conduct” has a specific legal meaning. It refers to actions that are so extreme they go beyond all possible bounds of decency and are regarded as atrocious and utterly intolerable in a civilized community.

Simple rudeness, insults, or thoughtless acts don’t qualify. The behavior must be truly shocking and offensive. Think of a sustained campaign of vicious harassment, credible threats of violence, or extreme public humiliation designed to cause maximum harm. 

The more egregious the conduct, the stronger the foundation for a claim.

Proving Severe Emotional Distress

Your word alone isn’t enough to prove you suffered severe emotional distress. You need to present compelling evidence to the court that documents the extent of your harm and connects it to the defendant’s actions. 

Gathering this proof is a meticulous process. A personal injury attorney helps you identify and assemble all the necessary documentation to build a persuasive case. 

Common examples include:

  • Medical Records: These are formal documents from your doctors, psychologists, or therapists that diagnose conditions like anxiety, depression, or PTSD and detail your treatment plan.
  • Expert Testimony: Your mental health provider can offer a professional opinion that connects the defendant’s conduct directly to your diagnosed psychological condition.
  • Personal Testimony: You need to provide a detailed account of how the emotional distress impacts your daily life, including your ability to work, sleep, and interact with others.
  • Witness Statements: Testimony from friends, family, or coworkers who have seen the changes in your emotional state and behavior can corroborate your claims.

Common Scenarios Leading to Stress-Related Lawsuits


Female lawyer in a pink suit holding a gavel in a courtroom setting, symbolizing legal judgment and decision-making.
While every case is unique, certain scenarios frequently form the basis of emotional distress claims. These situations often involve either a single, shocking event or a prolonged period of unacceptable behavior.

A serious car crash in Bakersfield or a targeted harassment campaign can both cause the kind of severe harm that the law recognizes. Discussing the details with a legal professional is the best way to know for sure whether you can sue someone for causing stress.

Here are a few scenarios where these claims can arise:

  • Vehicle Accidents: Experiencing or witnessing a horrific accident, such as a multi-car pileup on Rosedale Highway, can cause lasting trauma and PTSD, forming the basis for an NIED claim if a physical injury is also present.
  • Extreme Harassment: This involves a relentless and severe campaign of harassment, intimidation, or stalking by another individual that causes debilitating fear and anxiety.
  • Public Humiliation: If someone intentionally orchestrates an event of extreme public humiliation designed to cause you profound shame and distress, it may qualify as outrageous conduct.
  • Medical Malpractice: Discovering a serious medical error, such as a wrong-site surgery or a catastrophic misdiagnosis, can lead to severe emotional trauma alongside physical harm.
  • Witnessing Harm to a Loved One: Directly observing a close family member suffer a serious injury or death due to someone’s negligence can be grounds for an NIED claim.

Distinguishing Between Everyday Stress and a Legal Claim

The legal system has a high threshold for emotional distress claims. Courts recognize that life involves a certain level of stress, conflict, and hurt feelings. To successfully sue someone for causing stress, you must demonstrate harm far more severe than life’s ordinary emotional ups and downs. 

The core of your claim must be tied to wrongful conduct by another party that a reasonable person would find unacceptable. This distinction prevents the legal system from becoming flooded with lawsuits over minor slights or disagreements. 

The focus is on providing a remedy for truly severe psychological injuries that have a significant, negative impact on your life, your health, and your ability to function. 

Here is what doesn’t typically qualify for a lawsuit:

  • Ordinary Insults: Rudeness, offensive comments, or general name-calling, while unpleasant, are usually not considered “outrageous conduct.”
  • Standard Job Pressure: The normal stress associated with a demanding job, deadlines, or performance reviews doesn’t form the basis of an emotional distress claim.
  • Hurt Feelings: Emotional upset following a personal disagreement, social snub, or a romantic breakup isn’t legally actionable.
  • Occasional Annoyances: Minor disputes with a neighbor over parking or occasional noise are part of community living and don’t meet the legal standard.

How a Lawyer Helps With a Claim for Emotional Distress

Pursuing a claim for emotional distress is a challenging and intricate process. The legal standards are high, and defendants and their insurers often try to downplay the severity of your suffering. Having a knowledgeable personal injury lawyer on your side makes a significant difference.

An attorney manages the legal burdens so you can focus on your recovery. They understand the type of evidence required and know how to present it effectively. Their involvement sends a clear message that your claim is serious. especially when it comes to recovering damages in a personal injury case.

Here is how an attorney can help:

  • Case Evaluation: A lawyer will conduct a thorough review of your situation to determine if your case meets the strict legal criteria for an IIED or NIED claim in California.
  • Collecting Evidence: Your attorney and their team take charge of gathering all necessary proof, including securing medical records, interviewing witnesses, and documenting the defendant’s conduct.
  • Calculating Your Damages: They work with you to calculate the full extent of your damages, which includes therapy costs, lost income, and the non-economic value of your pain and suffering.
  • Handling All Communications: Your lawyer manages all interactions with the at-fault party, their attorneys, and any insurance companies, protecting you from pressure and intimidation tactics.
  • Negotiation and Litigation: They act as your powerful advocate, first by negotiating to achieve a fair settlement and then by representing you in court if a trial becomes necessary.

FAQ for Can You Sue Someone for Causing Stress?

How Does a Lawyer Prove Emotional Distress in Court?

Your personal injury lawyer proves emotional distress with evidence that documents your suffering. This includes medical records from therapists or doctors diagnosing conditions like anxiety or PTSD. Testimony from mental health experts, yourself, and witnesses who observed your condition strengthens your claim.

What Is the Difference Between Intentional and Negligent Infliction of Emotional Distress?

Intentional infliction of emotional distress (IIED) requires proving the other party acted with extreme and outrageous conduct, either intending to harm you or acting with reckless disregard. 

Negligent infliction of emotional distress (NIED) occurs when someone’s carelessness causes you severe emotional trauma, often in situations like car accidents or witnessing harm to a close family member.

Can You Sue for Emotional Distress Without a Physical Injury in California?

For an intentional infliction of emotional distress claim, a physical injury isn’t required if the defendant’s conduct was outrageous enough. 

However, for a negligent infliction of emotional distress claim—such as PTSD from a car accident—California law generally requires that you also suffered a physical injury to recover damages for your emotional trauma.

What Is the Statute of Limitations for an Emotional Distress Claim in California?

In California, the statute of limitations for filing a lawsuit for both intentional and negligent infliction of emotional distress is generally two years from the date the harmful act occurred. If you don’t file your claim within this time frame, you typically lose your right to seek compensation.

Can You Sue Someone for Causing Stress From a Car Accident?

Yes, you can sue for stress and emotional trauma, such as PTSD, after a car accident. In this situation, California law connects your emotional damage recovery to a physical injury you sustained in the crash. 

An attorney helps you document both the physical and emotional components of your claim.

A Path Toward Healing


Two people shaking hands in a legal office with a scale of justice and gavel on the desk, symbolizing agreement and legal supportThe emotional weight of severe stress and trauma can feel isolating, but you don’t have to carry that burden by yourself. Taking action to hold a responsible party accountable is a step toward regaining a sense of control over your life. 

At the Law Offices of Mickey Fine, we stand with clients in Bakersfield and fight for their rights. If someone’s outrageous or negligent actions have caused you severe emotional harm, contact us today to discuss your options. 

Call the Law Offices of Mickey Fine at (661) 333-3333 today for a direct conversation about your situation.

Personal Injury
by Mickey Fine Law
Last updated on - Originally published on