Can You Sue for Emotional Distress?
Personal Injury, Workplace, and Medical Compensation
Yes, Queensland recognises emotional distress as a valid reason to claim compensation under certain circumstances. Understanding the complicated legal framework that classifies emotional distress can be overwhelming, especially if you’ve recently experienced a traumatic event. You may require a personal injury claim lawyer who sincerely cares for your mental health throughout your case, like WT Compensation Lawyers.
Key Takeaways
- Emotional distress: A psychological injury that occurs in different ways, from car accidents to medical malpractice.
- Causes of emotional distress can vary heavily, but generally lead to depression, anxiety, PTSD, social isolation, and several physical symptoms.
- You can sue any at-fault party for your emotional distress under workers compensation law, common law, and medical law.
- While emotional distress claims can result in a large payout, there is a high burden of proof required by the plaintiff to prove their emotional distress in a Queensland case.
What is Emotional Distress?
Emotional distress is defined as a psychological injury that can happen to anyone, anywhere, intentionally or as a result of an unforeseen accident. Emotional distress in the workplace can have multiple sources, including bullying in the workplace, witnessing a traumatic event, or being personally involved in an accident. However, to claim compensation for emotional distress in the workplace, you will need to prove that your mental suffering and anguish are actively impacting your life.
Are There Different Types of Emotional Distress?
There are two types of legally distinct emotional distress: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED).
- Intentional Infliction of Emotional Distress (IIED) is emotional distress caused by intentional or reckless conduct that causes substantial emotional harm. Sexual harassment, bullying, or intentionally providing false information about the loss of a loved one constitutes IIED.
- Negligent Infliction of Emotional Distress (NIED) is unintentional and born of negligence on behalf of the at-fault individual. A misdiagnosis or unsafe work environment are examples of NIED.
What are Common Causes of Emotional Distress?
Unlike physical injuries, emotional suffering can be caused by different direct and indirect factors, including abuse, accidents, loss, and malpractice. The Australian population has seen a significant increase in severe emotional distress due to an increased community rate of mental disorders and awareness of emotional pain. Some of the most common causes of emotional harm and pain are:
- Abuse (physical and emotional)
- Sexual assault
- Witnessing a traumatic event, such as occupational accidents
- Travel-related accidents
- Natural calamities
- Medical negligence
- Loss of a loved one
What are Signs of Emotional Distress?
Emotional distress can show up in many forms for different people, including depression, anxiety, and physical symptoms. If you want to sue someone for emotional trauma, here are the signs you may be experiencing as a result of their negligence:
| Emotional Symptoms | Behavioural Symptoms | Physical Symptoms |
|---|---|---|
| Depression and anxiety Emotional numbness Guilt and helplessness Irritability or unexplained aggression Post-traumatic stress disorder (PTSD) | Social isolation Insomnia Appetite fluctuation | Bodily aches Fatigue Nausea |
Even if at fault, you may have a right to compensation. Start your claims check:
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As a law firm that offers genuine compassion to our clients, we understand that symptoms of psychological damage can interfere with your ability to seek compensation. Not only does the team at WT Compensation Lawyers aim to help you claim fair compensation, but we also strive to listen to your concerns and relieve the tremendous burden that emotional distress cases, won or lost, can cause.
Who Can You Sue for Emotional Distress?
You can sue and claim compensation from individuals who you perceive to be at fault (completely or only partly) for your emotional damage. Who you sue will influence the legal advice you will require, as well as how much you can sue for. An expert personal injury lawyer or work accident lawyer can help guide you through the right processes. You may be entitled to compensation from the following individuals.
At-Fault Driver
You could be entitled to claim compensation for psychological distress if you were involved in a car accident you did not cause. Australia provides the legal framework to claim compensation under the Queensland Compulsory Third Party (CTP) Insurance Scheme, as long as you can provide evidence of your psychological trauma. This will likely require collecting medical records and diagnoses from medical professionals who can offer credibility to your psychological injury claim.
An Employer
Queensland offers employees the right to seek compensation for emotional distress caused by their employer or work environment. You can apply for a workers compensation claim through WorkCover (WorkSafe) or common law under the Workers Compensation Act. This type of injury compensation claim will also require you to prove that the actions or environment of your employer were enough to cause significant emotional damage.
Unfortunately, as many as 54% of emotional distress claims against employers were rejected in 2020 due to poor evidence. 91.3% of these rejected claims were for psychological or psychiatric injuries that happened because of “reasonable management action” – injuries caused by “reasonable management action” are not covered in the Workers’ Compensation Act. If you intend to claim compensation from your employer, consulting with a work accident lawyer team like WT Compensation Lawyers is essential for a successful claim.
An Abuser
At least 23% of women and 14% of men have reported experiencing emotional abuse from a current or previous partner. Our team understands the complexity and severity of relationships that cause significant emotional distress. However, we can assure you that WT Compensation Lawyers will give your claim our utmost attention to help get the compensation and the peace of mind you deserve. You can successfully sue for emotional distress against an abuser under common law.
Medical Professional
If you feel that a medical professional has not fulfilled their duty of care and caused you mental anguish due to negligence, you can claim compensation. Like personal injury law, your psychological injury claims against your healthcare provider require a medical diagnosis for the highest chance of receiving the maximum compensation. In the case of industries as expensive as healthcare, you may expect to receive compensation that covers your medical expenses.
What Can You Claim for Emotional Distress?
If you believe that another party has caused you intentional emotional distress or negligent emotional distress, you can claim for economic and non-economic damages, including:
- Medical expenses accrued
- Psychological treatments
- Lost wages
- Future economic losses
- Pain and suffering
- Loss of enjoyment of life
- Emotional damage (PTSD)
How do you Prove Emotional Distress in Queensland Court?
You can prove emotional distress in court by providing solid evidence that links your mental or emotional distress to the at-fault party or accident. Emotional distress in Australia does have a high burden of proof compared to physical injuries, which leads to many emotional injuries being rejected for compensation.
To maximise your chances, you need to have a high severity of emotional distress. You’ll need to provide medical documentation (indicating your psychological impairment level, diagnosis, and treatments) and prove its impact on your life through witness statements and expert testimonials. If you have any photos, emails, or videos that could support your claim, include them! The more evidence you have, the better. Our lawyers will also help you gather and assess this evidence.
WT Compensation Lawyers | Compassionate Compensation
Many clients can be put off or discouraged by the rejection rates of claims surrounding emotional trauma in Australia, but don’t let previous statistics impact your decision to make a compensation claim. Sometimes relying on a law firm that genuinely aims to connect with you and understand your story is all that it takes for you to successfully claim fair compensation for your negligent or intentional emotional damages.
Our team at WT Compensation Lawyers believes in compassionate compensation – we’ve helped hundreds of clients through our stellar reputation, not excessive marketing tactics. If you’re hesitant about committing to a long compensation claim case, you can rest assured. Our No Win No Fee policy means you don’t have to spend a single cent if you don’t receive compensation. Contact us for your free case review today.
FAQs on Can You Sue Someone for Emotional Distress?
You can expect your emotional distress claim to take between 12 and 18 months to be resolved, however, this can drastically change based on the type of case. We’ve been able to successfully resolve compensation claims within 12 months fairly consistently – but damage for emotional distress can take time.
You can expect an average payout between $68,000 and $175,000 for your emotional distress based on the type of claim. Under workers’ compensation the average payout was $68,000 in 2022/2023, while the average common lawn settlement for the previous year was much higher.
Yes, you can make an emotional distress claim against someone who has caused you to lose a loved one. This is called a wrongful death claim and can lead to compensation for damages that were caused by the at-fault party’s action or inaction.
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