Can You Sue for Emotional Distress in Indiana?

A major component of many civil claims is emotional distress. Whether you were badly hurt in an accident or witnessed a loved one get badly injured, you might be dealing with significant psychological turmoil.

An attorney can help you sue for emotional distress in Indiana. Damages for emotional distress are more common in personal injury cases where the defendant’s negligence physically harmed the plaintiff. Damages for physical pain, emotional distress, humiliation, and other sources of turmoil are pretty common. However, plaintiffs might also sue for the intentional or negligent infliction of emotional distress. This is a bit less common and a bit more difficult. The circumstances surrounding these claims tend to be somewhat unusual, but you may file a claim if your case meets the necessary legal requirements. For many personal injury claims, there are no caps on non-economic damages for emotional distress. However, certain types of cases, specifically those involving medical malpractice or lawsuits against governmental entities, might be statutorily capped.

Get a free review of your claims for emotional distress by calling our Indiana personal injury attorneys at Wruck Paupore at (219) 322-1166.

Suing for Emotional Distress Related to Physical Injuries or Accidents in Indiana

Emotional damages frequently come up in personal injury claims. In such claims, our Indiana personal injury attorneys can help plaintiffs sue for compensatory damages related to their injuries and losses. Compensatory damages may be divided into two broad subcategories: economic and non-economic. Emotional distress typically falls under the broad category of non-economic damages.

In these kinds of cases, emotional distress tends to flow from physical injuries and the accident itself. For example, many injured plaintiffs claim damages for emotional distress caused by the pain of their injuries and the pain of medical treatment. In cases where bodily harm is severe and extensive, emotional damages might be quite significant.

Other forms of non-economic damages might also lead to great emotional distress. For example, you might claim the loss of consortium if your spouse was badly injured or killed in an accident. You might claim emotional distress related to significant scarring or disfigurement after a bad accident. You can even claim humiliation as a form of emotional distress if your accident or injuries were embarrassing in nature.

Suing for Negligent Infliction of Emotional Distress in Indiana

In addition to claiming emotional distress as an element of damages in negligence cases where there is also physical injury, there are situations where a person might be liable specifically for the infliction of emotional distress where no physical injury exists. When a defendant causes someone severe emotional distress unintentionally, the distressed victim might have a claim for negligent infliction of emotional distress (NEID). However, causing distress by accident is not enough to warrant legal action. Negligence often involves some act that injures others in the plaintiff's presence.

Damages for NEID are available under very specific circumstances. Generally, the plaintiff must have witnessed an emotionally distressing event caused by the defendant. For example, the defendant might have hit the plaintiff’s loved one with their car in front of the plaintiff.

Indiana has several rules for how NEID cases are determined. First is the bystander rule, which requires that the plaintiff witnesses the accident that causes the death or severe injury of a relative or comes to the scene of the accident shortly thereafter. In 2022, this rule was expanded by the Indiana Supreme Court in the case of Ceres Sols. Coop. v. Estate of Bradley. In this case, the plaintiff came upon a fire in progress that caused the death of a family member. The court ruled that even though the plaintiff did not witness the explosion that caused the fire and came upon the scene sometime later, the fire was still in progress, and the bystander rule was satisfied. The explosion and resulting fire were not considered separate events but one continuous event.

Another rule is the modified impact rule, which requires the plaintiff to suffer a direct impact from the accident. Whether a plaintiff fulfills this rule often depends on whether they are within a “zone of danger.” Essentially, the closer the plaintiff was to the dangerous event, the more likely they are to satisfy the modified impact rule.

A new category was established in 2021. The court in K.G. v. Smith held that when a parent or legal guardian discovers with irrefutable certainty that a caretaker sexually abused their child, and the parent or guardian’s mental health was severely impacted, they may have an emotional distress claim.

Are There Limits on Damages You Can Recover in Indiana Related to Emotional Distress?

Generally, Indiana does not impose limitations on non-economci damages for things like emotional distress or other forms of pain and suffering. You might only encounter statutory caps in cases involving medical malpractice or lawsuits against governmental entities.

However, damages should still be proportional to the case. The more serious the case, the higher your damages for emotional distress may be. Suppose the jury awards an excessively high damages award for some reason. In that case, the defendant can ask the judge to reduce it to something more reasonable and in line with actual injuries.

For an Initial Review of Your Claims, Call Our Indiana Personal Injury Attorneys

Get a free review of your claims for emotional distress by calling our Indianapolis personal injury attorneys at Wruck Paupore at (219) 322-1166.