On occasion, clients ask about the emotional distress caused by someone else's wrongdoing. Emotional distress is compensable as an injury, but just what the damages are worth is the biggest question and how do you prove the damages?
With respect to proving the damages, in Navarre v. South Washington Cty. Schools, the Minnesota Supreme Court held that medical testimony is not required in order to substantiate claims for emotional-distress damages so long as the plaintiffs are able to “prove that emotional injury occurred under circumstances tending to guarantee its genuineness.” 652 N.W.2d 9, 30 (Minn. 2002) (quotation omitted). That is, you don't need to get professional therapy to prove emotional distress, but your distress must be actual and credible.
The value of your emotional distress is a jury question. Jury's are wildly unpredictable, so the ability to quantify the value is difficult. But, if your distress is actual and genuine, there is great risk of a jury showing compassion and awarding significant damages.
Hopefully, you do not encounter a situation where you have to consider whether you have a claim for emotional distress or that you may be liable for someone else's emotional distress. If you do though, consider the information here and how it may impact your case.
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