Also known as: mental sufferings · mental anguish · emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
Damages awarded for the anguish, anxiety, or other emotional harm a plaintiff experiences due to a defendant's tortious conduct.
Mohan Malhotra's boss repeatedly screamed insults at him in front of coworkers and threatened his job over minor errors. Mohan suffered panic attacks and required therapy. The boss's extreme conduct caused Mohan's severe distress and exposed the company to liability.
Miles Montgomery and his family endured a protest with offensive signs near their son's military funeral. The signs expressed political views on military policy. The protest caused the family intense grief but produced no tort liability because the speech addressed matters of public concern.
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Melissa Mills spent thousands preparing for a wedding after her fiancé proposed. When he ended the engagement without cause, Melissa experienced humiliation and health problems. In a state retaining the action, she recovered for mental anguish tied to the breach.
Melanie Morris watched her sister suffer a violent attack by a neighbor. The neighbor's outrageous conduct was aimed at the sister but occurred in Melanie's presence. Melanie developed lasting anxiety and recovered damages for her own severe emotional distress.
Maya Malik's landlord failed to repair a leaking roof, causing property damage. The negligence invaded her property interest but produced only emotional upset with no bodily harm. Maya could not recover for that distress alone.
Meredith Maxwell suffered a head injury in a car accident caused by another driver. In addition to medical costs, she experienced ongoing anxiety and depression from the trauma. The driver was liable for both the physical harm and the accompanying mental suffering.
Liability arises only when extreme and outrageous conduct intentionally or recklessly produces severe emotional distress. Mere negligence or ordinary insults do not suffice.
Yes. Peaceful expression of political or moral views on matters of public concern receives First Amendment protection even when it causes severe distress, barring tort recovery absent additional unprotected conduct.
Recovery is available to an immediate family member present at the time if the actor intentionally or recklessly causes severe distress, whether or not bodily harm results.
No. Conduct intended to cause bodily harm or invade other interests does not create liability for emotional distress standing alone unless the requirements of section 46 are met.
A plaintiff whose personality interests are tortiously invaded may recover for both bodily harm and the emotional distress that accompanies it.
…severe injuries she received when she sliced her finger on a tuna can. Her family joined in the suit, seeking damages for emotional distress and certain medical expenses. The District Court granted summary judgment to Star-Kist, finding that none of the plaintiffs met the minimum amount-in-controversy requirement. The Court of…