What Is Considered Emotional Distress?

When you think about a personal injury, broken bones, stitches, and hospital visits probably come to mind first. However, not all injuries are visible.

Sometimes, they occur in the mind, and they are very real; haunting thoughts, anxiety, grief, or trauma that lasts long after your physical injuries have healed.

That is s called emotional distress, and under Tennessee law, it is just as real (and compensable) as physical pain.

So, what is emotional distress, and when does it become a legal issue?

What is emotional distress: Understanding the term

“Emotional distress” is a legal term. It refers to mental suffering caused by a traumatic or negligent event. It can show up as:

• Anxiety or panic attacks
• Depression or mood swings
• Insomnia or nightmares
• Post-traumatic stress disorder (PTSD)
• Humiliation or public embarrassment
• Loss of enjoyment of life
• Suicidal thoughts or emotional withdrawal

In Tennessee, if you have suffered emotional distress due to someone else’s actions (intentional or negligent), you may have the right to sue.

The two main types of emotional distress

Tennessee recognizes two legal options if you have an emotional distress claim:

1. Intentional infliction of emotional distress (IIED)

Also known as “outrage” under Tennessee law, this type of claim requires you to prove that someone deliberately or recklessly caused you severe emotional trauma.

You typically need to show:

• The defendant’s conduct was intentional or reckless.
• Their behavior was outrageous and extreme (so shocking that it goes beyond all bounds of decency).
• The conduct caused severe emotional distress.

Example: A debt collector calls you dozens of times a day, threatens your life, and harasses your family, all in an attempt to collect money. That could rise to the level of intentional infliction.

2. Negligent infliction of emotional distress (NIED)

With NIED, the other party may not have meant to cause harm, but their carelessness still led to serious mental suffering.

Tennessee courts usually require the following for an NIED claim:

• The defendant was negligent.
• You were either physically injured or in the “zone of danger” (close enough to the event to be at risk of harm).
• You suffered severe emotional distress as a result.

Example: You witness a drunk driver crash into your child’s school bus while standing nearby. You are uninjured but develop PTSD. That could justify a negligent infliction claim.

What counts as “severe” emotional distress?

This is often the trickiest part. Emotional distress has to go beyond just feeling sad or angry. It has to be so serious that it affects your ability to live a normal life.

Here are some things that might help prove the severity:

• Diagnosis from a mental health professional
• Prescription medication for anxiety, depression, or sleep
• Missed work or reduced ability to function
• Testimony from therapists, friends, or family
• A documented history of panic attacks, suicidal ideation, or hospitalization

In other words, you need to show that your distress is real, long-lasting, and debilitating, not just a passing emotional reaction.

How emotional distress fits into a personal injury case

Emotional distress is not always a standalone lawsuit. In most personal injury cases, like car crashes, slip and falls, or workplace accidents, it is part of your non-economic damages.

That means you can recover compensation for things like:

• Pain and suffering
• Emotional trauma
• Mental anguish
• Loss of enjoyment of life
• Disfigurement or embarrassment

Say you survive a serious wreck on I-24 in Nashville. You break your leg, develop panic attacks when driving, and cannot sleep at night. Your personal injury claim could include compensation not just for your broken leg and medical bills, but also for the psychological pain you are enduring.

Can you sue for emotional distress without a physical injury?

It depends. Tennessee courts generally prefer a physical injury when awarding damages for emotional distress. However, there are exceptions. If the conduct is especially outrageous, or you were in the zone of danger, you may still have a claim, such as if you:

• Witness the injury or death of a close family member
• Are targeted by someone’s intentionally harmful conduct
• Experience sexual assault, abuse, or discrimination
• Live through an extreme trauma where physical risk was present

Tennessee courts take these cases seriously, but you will need strong evidence and experienced legal support to move forward.

Proving emotional distress in court

Unlike an X-ray or CT scan, emotional distress is not easy to “see.” So, you will need documentation and testimony to back up your claim. That might include:

• Medical records from psychiatrists, psychologists, or counselors
• Notes from your primary care physician
• Journals or personal logs describing your symptoms
• Testimony from coworkers, friends, or family about changes in your behavior
• Expert witnesses who can connect your distress to the event

The more consistent and detailed your records are, the stronger your case will be.

How much can you recover for emotional distress?

There is no simple formula. Every case is different, and emotional distress damages depend on:

• The severity of your symptoms
• The duration of your suffering
• How your mental health impacts your daily life
• Whether the emotional trauma is linked to physical injuries
• The outrageousness of the other party’s behavior

Tennessee also caps non-economic damages (like pain and suffering) in some cases. For most personal injury claims, the cap is $750,000, but it can rise to $1 million for catastrophic injuries like paralysis, amputation, or severe burns.

Still, emotional distress can make up a significant portion of your total compensation.

Why you need a lawyer for emotional distress claims

Emotional distress claims are complex and rely heavily on facts. They often involve battling insurance companies that do not want to acknowledge psychological injuries or fighting for recognition in court when symptoms are not visible.

Talk to a Nashville personal injury lawyer today

If you are wondering, “What is emotional distress?”, you are not alone. And if you are feeling overwhelmed, anxious, or like a different person after a traumatic event, you do not have to suffer in silence.

The Rocky McElhaney Law Firm can help. We have been standing up for injury victims across Nashville and Middle Tennessee for decades, and we will fight for you. Contact us today for a free consultation.