Emotional distress
Emotional distress, classified as a type of psychological harm or mental anguish, refers to a significant negative emotional response caused by another party’s actions. U.S.
Insurance policies such as liability coverage sometimes reimburse claimants for emotional distress damages if linked to physical injury, with examples including car accidents or workplace injuries. Some homeowners insurance policies exclude standalone emotional distress without accompanying bodily injury–typically outlined in policy exclusions and definitions.
Courts have awarded compensation for emotional distress in personal injury lawsuits, with settlements ranging from $5,000 to over $100,000 depending on severity and evidence (per Nolo.Com civil case reviews). Plaintiffs substantiate claims for emotional distress using documented therapy records, medical expert statements, or witness testimony as examples.
Insurers generally require verifiable evidence like medical bills or psychiatric evaluations before considering payment for emotional distress claims, according to https://yourinsurance.info. Emotional distress is compensable under “pain and suffering” damages, a category that 90% of U.S.
Personal injury settlements include (NOLO survey data). Long-term emotional distress diagnoses such as PTSD or depression increase claim values and affect settlement calculations in bodily injury cases.
Insurance fraud investigations scrutinize unsupported emotional distress claims, with the National Insurance Crime Bureau reporting that up to 10% of suspicious liability claims involve exaggerated psychological damages. Legal standards for compensating emotional distress vary by state, so jurisdictions like California permit stand-alone claims while states like New York typically require physical injury linkage.
Most health insurance policies cover treatment costs (e.g. psychotherapy) for diagnosable conditions resulting from insured events but do not provide direct payouts for the subjective experience of emotional distress itself.
Can I sue an insurance company for emotional distress?
Yes, it is possible to sue an insurance company for emotional distress. In order for a successful claim to be made, the plaintiff must prove that the insurance company caused them mental anguish through its negligence or intentional misconduct. This may include failing to respond in a timely manner to claims, denying coverage unjustly, or…
Does car insurance cover emotional distress?
No, car insurance does not cover emotional distress. Car insurance is designed to protect against financial losses resulting from physical damage caused by automobile accidents. Coverage for any non-physical damages associated with a car accident, such as emotional distress, would typically fall outside the scope of a standard auto policy. Contents: Definition of Emotional Distress…
See also Emotional support animal.