How To Prove A California Emotional Distress Claim

In California, a claim of Emotional Distress is defined as:
The legal doctrine of emotional trauma, pain and suffering as a result of the experience of a harmful incident that was the result of the negligent or intentional act of another person or party.
It simply means:
A party is suing for emotional trauma or damages, not physical, as a result of the negligent actions of another.
There are 3 elements of the claim:
- Element 1. The defendant was negligent. The defendant was careless or failed to act responsibly, which led to a situation that caused emotional harm to the plaintiff.
Facts that might support this element look like:
* The defendant failed to maintain a safe environment, resulting in hazardous conditions that caused emotional distress to the plaintiff.
* The defendant ignored multiple complaints about the unsafe situation, demonstrating a lack of reasonable care for the well-being of others.
* The defendant’s actions directly led to a traumatic incident that significantly impacted the plaintiff’s mental health.
* The defendant was aware of the potential for harm yet chose to act recklessly, disregarding the emotional safety of others.
* The defendant’s negligence in providing adequate supervision contributed to an environment where emotional distress was likely to occur. - Element 2. The plaintiff suffered serious emotional distress. The plaintiff experienced significant emotional pain and suffering, such as anxiety, depression, or fear, due to the defendant’s actions, which deeply affected their daily life and well-being.
Facts that might support this element look like:
* The plaintiff experienced persistent anxiety and panic attacks following the incident, which required professional counseling.
* The plaintiff reported difficulty sleeping and frequent nightmares related to the events that transpired, significantly impacting their daily life.
* The plaintiff withdrew from social activities and relationships, feeling isolated and overwhelmed by their emotional state.
* The plaintiff documented feelings of hopelessness and despair in a journal, indicating a profound impact on their mental well-being.
* The plaintiff sought medical treatment for depression, which was directly linked to the distress caused by the defendant’s actions. - Element 3. The defendant’s negligence was a substantial factor in causing the plaintiff’s serious emotional distress. The defendant’s careless actions significantly contributed to the plaintiff experiencing severe emotional pain, meaning that the harm caused was not just a minor issue but a major reason for the distress the plaintiff suffered.
Facts that might support this element look like:
* The defendant repeatedly made derogatory comments about the plaintiff’s appearance in front of their peers, leading to significant emotional turmoil.
* The defendant failed to intervene when others bullied the plaintiff, exacerbating the plaintiff’s feelings of isolation and distress.
* The defendant knowingly spread false rumors about the plaintiff, causing severe anxiety and depression that required professional treatment.
* The defendant’s reckless behavior during a public event directly resulted in the plaintiff experiencing panic attacks and ongoing emotional distress.
* The defendant’s actions created a hostile environment that left the plaintiff feeling unsafe and deeply affected their mental well-being.
(See California Civil Jury Instructions (CACI), No. 1620. Molien v. Kaiser Foundation Hospitals, 616 P. 2d 813 – Cal: Supreme Court 1980. Krouse v. Graham, 562 P. 2d 1022 – Cal: Supreme Court 1977.)
If you’re in court without a lawyer and plan to assert a Claim of Emotional Distress, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively advocate for your rights.
Prove Your CA Emotional Distress Claim
U.S. Civil Cases Only