Emotional distress can be just as damaging as physical injury. If you’ve suffered psychological harm due to someone else’s negligence or intentional actions, you may be wondering if you can take legal action https://cummings.law/. In Tennessee, the law does allow individuals to sue for emotional distress—but the process and requirements are specific.
Understanding Emotional Distress Claims
Emotional distress refers to mental suffering caused by a traumatic event or series of events. This could include anxiety, depression, insomnia, fear, humiliation, or other forms of psychological pain.
Tennessee law recognizes two primary types of emotional distress claims:
1. Intentional Infliction of Emotional Distress (IIED)
Also called “outrage” in legal terms, this occurs when someone intentionally or recklessly causes severe emotional trauma through extreme or outrageous conduct.
To prove IIED, you must show:
- The defendant’s conduct was intentional or reckless
- The conduct was outrageous and beyond the bounds of decency
- The emotional distress suffered was severe
2. Negligent Infliction of Emotional Distress (NIED)
This type of claim arises when someone causes emotional harm through careless behavior, even if it wasn’t intentional.
Tennessee has specific rules for NIED claims:
- The plaintiff must either show physical symptoms of the emotional distress or meet what’s known as the “zone of danger” test.
- Under the zone of danger test, the person must have been in immediate risk of physical harm and suffered emotional distress as a result.
Examples of Emotional Distress Cases
Here are a few scenarios that might qualify:
- Witnessing a loved one suffer serious injury due to someone else’s negligence
- Being the target of repeated, extreme harassment at work
- Being involved in a car accident caused by another driver’s recklessness and developing PTSD
Proving Emotional Distress
Emotional distress cases can be challenging to prove because the damage isn’t always visible. However, strong evidence can support your case:
- Medical or psychological records
- Testimony from mental health professionals
- Documentation of lost work or changes in behavior
- Witness statements
Statute of Limitations
In Tennessee, the statute of limitations for most personal injury claims—including emotional distress—is one year from the date of the incident. That means you must file your lawsuit within one year, or you risk losing your right to seek compensation.
Final Thoughts
Yes, you can sue for emotional distress in Tennessee, but it’s important to understand the legal thresholds and gather compelling evidence. Emotional distress claims can be complex, and they often require expert testimony and thorough documentation. If you believe you have a valid claim, it’s wise to consult a Tennessee personal injury attorney who can evaluate your case and help you navigate the legal process.