When Emotional Distress Becomes Grounds for a Personal Injury Claim

Emotional distress refers to the psychological suffering a person experiences due to someone else’s conduct. In personal injury cases, emotional distress often manifests as anxiety, depression, insomnia, fear, humiliation, or post-traumatic stress. 

There are generally two ways emotional distress can form the basis of a personal injury claim: intentional infliction and negligent infliction.

Intentional infliction occurs when someone’s extreme or outrageous behavior causes severe emotional suffering. 

Negligent infliction, on the other hand, happens when a person’s careless behavior results in emotional harm. Both forms are recognized under Illinois personal injury law, though the burden of proof and the available damages may differ.

When emotional distress accompanies a physical injury—such as after a car crash, slip and fall, or medical error—it’s often easier to connect the mental suffering to the defendant’s negligence. However, Illinois also allows recovery for emotional distress in cases without physical harm if the distress is severe, foreseeable, and verifiable.

At Larson Law Group LLC, our LaGrange, IL personal injury lawyer often works with individuals who have suffered emotional harm after a traumatic event, but aren’t sure if that harm qualifies for a claim under Illinois law. Contact us today to schedule a consultation with a compassionate attorney.

When Emotional Distress Becomes Actionable in Illinois

Under Illinois personal injury law, emotional distress becomes actionable when the emotional harm is significant and directly linked to another party’s wrongful act. This means the distress can’t be trivial or fleeting; it must substantially interfere with your life. 

Courts typically look for symptoms that have required professional treatment, caused measurable behavioral changes, or led to physical manifestations like weight loss, nausea, or panic attacks.

In our experience, emotional distress may become grounds for a personal injury claim in several situations, including:

• Serious car or trucking accidents where victims experience ongoing fear or trauma long after physical recovery.

• Medical negligence that causes prolonged suffering, such as misdiagnosis or surgical errors.

• Workplace harassment or discrimination that creates emotional instability or health problems.

• Wrongful death cases where surviving family members suffer profound mental anguish.

• Public humiliation or defamation, which damages reputation and emotional well-being.

Each case depends on its facts, but Illinois law allows recovery when emotional harm is proven to be severe and foreseeable.

The Legal Standards for Proving Emotional Distress

Proving emotional distress under Illinois personal injury law requires more than simply claiming mental anguish. Plaintiffs must provide clear evidence that the defendant’s actions directly caused the distress and that the emotional harm was significant. 

This often involves testimony from mental health professionals, records of therapy or medication, and personal accounts of how the distress affects daily functioning.

Courts may also consider the nature of the defendant’s conduct. The more reckless, intentional, or outrageous the behavior, the more likely emotional distress will support a personal injury claim. 

For instance, if someone deliberately engages in harassment, threats, or public shaming, their conduct may be deemed sufficiently egregious to justify compensation.

As personal injury attorneys, we work to gather every piece of evidence that reflects the true impact of emotional harm. We may consult with psychologists, therapists, or medical professionals to demonstrate that the emotional suffering is real, measurable, and deeply connected to the event.

The Importance of Physical Symptoms and Corroborating Evidence

Under Illinois law, emotional distress claims are strongest when supported by physical or observable symptoms. Courts are cautious about awarding damages for purely subjective suffering unless there’s corroborating evidence. 

Symptoms like fatigue, headaches, changes in appetite, or panic attacks help establish credibility and substantiate the claim.

We encourage clients to document every aspect of their emotional and physical response after an incident. Keeping a journal, saving medical records, and following through with counseling can all strengthen a personal injury case. 

The goal is to show that the emotional distress is not an abstract concept but a genuine medical and psychological condition caused by another person’s wrongful act.

Recovering Damages for Emotional Distress

When emotional distress is proven under personal injury law, Illinois courts may award damages to compensate for both the psychological suffering and its ripple effects on the person’s life. Compensation may include therapy expenses, medication costs, loss of enjoyment of life, and the impact on relationships or employment.

It’s important to understand that Illinois follows a comparative fault system. This means if the injured person shares some responsibility for the event, their recovery may be reduced proportionally. 

For example, if a plaintiff is found to be 20% at fault in a car accident that caused their emotional trauma, their total recovery would be reduced by that percentage.

Our firm carefully analyzes each case to identify all potential sources of recovery and to present a clear picture of the emotional and financial toll suffered.

Common Misunderstandings About Distress Claims

Many people assume that emotional suffering isn’t compensable unless accompanied by visible injury. Illinois personal injury law, however, recognizes that trauma can exist independently of physical harm. What matters most is the severity, duration, and verifiability of the distress.

Another common misconception is that only the direct victim can recover for emotional distress. While this is often true, Illinois law allows certain bystanders to claim emotional damages if they directly witnessed a loved one’s injury or death. These cases are challenging, but with the right legal strategy, recovery is possible.

We also encounter clients who downplay their emotional suffering out of embarrassment or misunderstanding. Yet acknowledging emotional distress is an essential part of achieving justice in a personal injury case.

Evidence That Strengthens Your Claim

To succeed in an emotional distress personal injury claim, gathering persuasive evidence is essential. Some of the most valuable forms of proof include:

• Medical or psychological treatment records showing diagnosis and therapy progress

• Statements from mental health professionals verifying emotional trauma

• Testimony from friends, family, or coworkers describing behavioral changes

• Documentation of lost income due to emotional incapacity

• Personal journals or written reflections detailing symptoms and struggles

Each piece of evidence builds credibility and paints a fuller picture of how emotional distress has disrupted daily life.

Emotional Distress in Catastrophic Injury Cases

In cases involving catastrophic injuries, emotional distress often plays an even greater role. Victims of paralysis, disfigurement, or traumatic brain injuries face ongoing psychological challenges. Depression, loss of self-esteem, and anxiety about the future can all serve as grounds for compensation under Illinois personal injury law.

We’ve seen clients whose emotional distress extends beyond themselves, affecting spouses and children who struggle to adjust. In these cases, derivative claims—such as loss of consortium—may also be available. These claims allow family members to recover for the emotional and relational toll caused by the injury.

Holding Negligent Parties Accountable

Every personal injury case involving emotional distress has one common goal: accountability. Whether caused by a negligent driver, careless employer, or irresponsible property owner, the emotional suffering that follows a traumatic event shouldn’t go uncompensated. 

Illinois law gives victims the right to seek justice and hold wrongdoers responsible for the pain they’ve caused.

At Larson Law Group LLC, we believe in restoring balance and helping clients move forward with financial stability and dignity. Emotional distress is invisible, but its impact is undeniable—and we work tirelessly to make sure it’s recognized in court.

Get Legal Help Today

Emotional distress is a genuine injury under Illinois personal injury law, deserving of the same legal protection as physical harm. When mental suffering reaches the point of disrupting your daily life, it may be grounds for a personal injury claim.

At Larson Law Group LLC, we’re committed to helping clients seek justice for the emotional trauma they’ve endured. Through careful documentation, strong evidence, and a deep understanding of Illinois law, we fight for compensation.

Emotional distress may not leave visible scars, but its consequences are lasting—and through personal injury law, victims can begin the path toward healing and recovery. We’re proud to serve La Grange, Illinois, and the surrounding areas. Call today.