How do you prove emotional distress in Missouri?
Asked by: Alisa Reilly | Last update: January 21, 2026Score: 4.1/5 (4 votes)
Intentional Infliction of Emotional Distress In Missouri, a plaintiff must prove four elements to recover for IIED: (1) the defendant acted intentionally or recklessly; (2) the defendant's conduct was extreme and outrageous; and (3) the conduct was the cause (4) of severe emotional distress.
What is the emotional distress law in Missouri?
A person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause such person to suffer emotional distress. 2. The offense of harassment in the first degree is a class E felony.
What evidence do you need for emotional distress?
Medical records that attest to the victim's injuries or diagnosis of mental health conditions, such as PTSD, anxiety, and depression, are among the most important pieces of evidence that prove emotional distress in court.
What is an example of emotional distress?
Typical symptoms of emotional distress include depression, anxiety, shame or guilt, weight gain or weight loss, flashbacks, insomnia, chronic pain, and more.
How hard is it to win an emotional distress case?
Emotional damages WITHOUT any kind of physical harm are both rarely awarded and hard to prove. The burden of proof is the same as any other kind of civil case, preponderance of the evidence, but without psychiatric records it's going to be hard to convince a jury.
What are emotional distress damages and how do I prove them?
How much can you get for suing for emotional distress?
First, there exists a garden variety emotional distress claim where you assert the claim but do not need to find and obtain a medical opinion by a therapist or psychiatrist. Generally, these claims are worth $30,000-$50,000.
How do you prove emotional anguish?
To prove emotional distress as an injury, you need to be able to demonstrate cause and effect. This may mean documenting changes to your regular daily routines, submitting letters from friends, colleagues and your employer, and providing proof of any medical treatment you've sought for your symptoms.
How does suing for emotional distress work?
In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.
What is mental hardship?
n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms.
What is the difference between emotional stress and emotional distress?
Stress responses are normal reactions to environmental or internal perturbations and can be considered adaptive in nature. Distress occurs when stress is severe, prolonged, or both.
Who can diagnose emotional distress?
Diagnosis of emotional distress
To help a person identify the cause of their symptoms, a healthcare or mental health professional may ask them about recent experiences and major life events that may be sources of distress.
Can I sue the police for emotional distress?
Citizens can also sue if the officer causes emotional distress through a negligent act. However, when the court determines that the police officer's conduct was in the scope of their law enforcement duties, the officer may be immune from being held liable.
Can I make a claim for emotional distress?
In severe cases, emotional distress can also lead to lost income or diminished earning capacity, for which claimants may seek compensation. The amount of damages awarded will depend on factors such as the severity of emotional distress, impact on daily life, and specific circumstances of the case.
How much can I sue my landlord for emotional distress in Missouri?
While some states place a limit on the amount of emotional distress and other pain and suffering damages you can recover, Missouri does not. These damages are referred to as non-economic damages, since they are not tangible losses that can be easily calculated.
What is duress in Missouri?
Definition of Duress in Missouri
Duress essentially says, “I wouldn't have done this if I hadn't been put in an impossible situation.” This defense only applies when the threat involves unlawful physical force and when the situation would compel a reasonable person to act in the same way.
What is the mental health law in Missouri?
Missouri laws allow a judge or law enforcement to send someone to an inpatient psychiatric facility for up to 96 hours for evaluation IF there is reason to believe the individual may, as a result of a mental disorder, be at risk of self-harm or harm to others.
What is the hardest mental illness to live with?
- Schizophrenia.
- Severe Bipolar Disorder.
- Borderline Personality Disorder (BPD)
- Major Depression and Treatment-Resistant Depression.
- Obsessive-Compulsive Disorder (OCD)
- Eating Disorders.
- Post-Traumatic Stress Disorder (PTSD)
- So, What is the hardest mental illness to live with?
What are the signs of emotional suffering?
- Their personality changes. ...
- They seem uncharacteristically angry, anxious, agitated, or moody. ...
- They withdraw or isolate themselves from other people. ...
- They stop taking care of themselves and may engage in risky behavior.
What is an example of a hardship situation?
Financial hardship is a situation where a person cannot keep up with debt payments and bills because of unforeseen or unexpected circumstances. Examples of unforeseen or unexpected circumstances include: Changes in employment status (such as furlough, losing a job, or having hours reduced)
What is the most you can sue for emotional distress?
This amount can vary significantly on a case-by-case basis, however. These damages are determined based on a number of factors including total out-of-pocket cost, damages caps, and the severity of your pain and suffering or emotional distress. Some PTSD lawsuits have settled for between $50,000 to $100,000.
How do you prove intentional infliction of emotional distress?
- The defendant's conduct was outrageous,
- The conduct was either reckless or intended to cause emotional distress; and.
- As a result of the defendant's conduct, you suffered severe emotional distress.
What is psychological anguish?
: a high degree of emotional pain, distress, torment, or suffering that may aggravate a crime or be a subject of an action for damages or wrongful death : emotional distress.
How to win a case for emotional distress?
The only way to successfully sue for negligent infliction of emotional distress is if the plaintiff can show that the mental stress directly caused some type of physical reaction. For example, if PTSD or anxiety caused the plaintiff to break out in hives or develop tremors or shakes in their hands.
How to prove a psychological injury?
Document the work environment: Keep a record of any incidents or events that have caused the psychological injury, such as harassment, bullying, excessive workload, or exposure to traumatic events. Gather witnesses: If colleagues were present during incidents, ask if they would be willing to provide a statement.
What evidence supports emotional distress?
The two main ways to prove emotional distress damages are (1) for the employee (and their friends and family) to testify about how the discrimination caused psychological injury, and/or (2) have a doctor or mental health professional testify about the harm suffered.