emotional distress

emotional distress
emo·tion·al distress n: a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought – called also emotional harm, mental anguish, mental distress, mental disturbance, mental suffering; see also outrage, zone of danger
◇ Damages may be recoverable for emotional distress that is caused intentionally or negligently. Recovery for negligent infliction of emotional distress often requires that the plaintiff suffer a physical injury as well.

Merriam-Webster’s Dictionary of Law. . 1996.

emotional distress
n.
Severe mental and emotional suffering that results from another person’s conduct.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


emotional distress
Suffering in response to an experience caused by the negligence or intentional acts of another; a basis for a claim of damages in a lawsuit brought for such an injury. Originally damages for emotional distress were awardable only in conjunction with damages for actual physical harm, but recently some courts have recognized a right to an award of money damages for emotional distress without physical injury or contact. In sexual harassment and defamation claims, emotional distress can sometimes be the only harmful result. Professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it.
Category: Accidents & Injuries
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


emotional distress
n. A negative emotional reaction-which may include fear, anger, anxiety, and suffering- endured/experienced by the victim of a tort, for which monetary damages may be awarded.

Webster's New World Law Dictionary. . 2000.

emotional distress
n.
   an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. Recently courts in many states, including New York and California, have recognized a right to an award of money damages for emotional distress without physical injury or contact. In sexual harassment claims, emotional distress can be the major, or even only, harmful result. In most jurisdictions, emotional distress cannot be claimed for breach of contract or other business activity, but can be alleged in cases of libel and slander. Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it.
   See also: damages

Law dictionary. . 2013.

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