Can You Sue Someone for Emotional Distress in Australia?
In Australia, you can sue someone for emotional distress compensation when you have suffered psychological harm caused by another person’s negligence or wrongdoing. However, the law does not compensate for temporary upset alone; there must be medical evidence of significant psychological harm.
If you are wondering how much you could sue for emotional distress, the amount depends on:
- The severity of your psychological trauma
- Its impact on your work and daily life
- The quality of evidence supporting your compensation claim
- According to the Australian Institute of Health and Welfare (AIHW), 15% of Australians aged 16–85 experienced high or very high psychological distress in 2020–22
- Australians experience psychological trauma in a wide range of situations, including accidents, abuse, a sudden loss, or being in (or learning about) an unexpected, shocking event.
Starting Legal Action for Psychological Suffering
Our guide to emotional distress claims explores the legal framework of suing for emotional distress and the following:
- How emotional trauma is defined
- The common causes of severe emotional distress
- The different types of emotional distress lawsuits
- The damages you could recover
- Your legal options when pursuing compensation for emotional harm
Free Consultation for Emotional Distress Claims
Splatt Lawyers provides a free case review that can explain your rights. We also offer 100% no-win, no-fee legal services for emotional distress claims with no upfront costs. Pay for a win and zero if you lose. Call 1800 700 125 or email us
What is Emotional Distress?
Emotional distress is a type of recognised psychiatric injury caused by experiencing or witnessing an unexpected distressing event (or series of incidents, e.g., abuse). This psychological harm can result in intense feelings of fear, helplessness, and horror that affect your ability to process the incident and enjoy your everyday life.
Furthermore, people experiencing emotional trauma can live with symptoms like anxiety and depression and potentially be diagnosed with post-traumatic stress disorder or another recognised psychiatric illness.
In practice, emotional distress claims are stronger when the emotional harm is supported by a diagnosis of a recognised psychiatric injury (for example, PTSD, anxiety disorders, or depression) and consistent medical records and treatment notes from a qualified medical professional.
Can I Claim Compensation for Emotional Distress?
Many people with a psychological injury ask: Can you sue for emotional trauma in Queensland?
In general, yes, if the emotional consequences amount to a recognised psychiatric injury and you can prove the other party’s negligence or wrongdoing caused your psychological harm.
Generally, when a traumatic incident that was partly or wholly not your fault has caused you significant psychological harm, you can successfully sue for emotional distress. This legal action allows affected people to recover common law damages for the other party’s negligence or intent.
That’s because you can generally seek compensation for physical or psychological injuries when another party’s action, inaction, or deliberate action has harmed your mental health. Your distress could be the outcome of:
- A motor vehicle accident
- A work accident
- Witnessing violence or death
- Sexual harassment
- Workplace bullying
- Medical negligence or medical complications
- Or seeing an accident scene soon after the event (involving a loved one or family member)
Emotional Distress Cases Won in Australia
According to Safe Work Australia, personal injury claims for recognised psychiatric illnesses are growing at a faster rate than for physical injuries. Consequently, there are numerous emotional distress cases won in Australia by those taking legal action for mental harm.
You could have a valid mental health claim when you are living with psychological symptoms caused by trauma or emotional suffering.
- To receive compensation for emotional distress, you must have strong evidence that supports your case
- Personal injury claims for psychological suffering are typically more complex because the damage is not visible
- An experienced psychological injury lawyer knows what is required to achieve a successful outcome
Successful Emotional Distress Claim Case Studies
Case studies from Queensland Court Judgements
$301k for work-related psychiatric injury
Gairns v Pro Music Pty Ltd
The claimant was employed as an internal sales supervisor at a musical instrument wholesaler in Carole Park, Brisbane. He successfully sued his employer for a workplace psychiatric injury after a meeting in which he was demoted from his supervisory role and told his salary would be cut by several thousand dollars.
The court decided that the employer knew he was an emotional person who could get stressed and anxious, and that the injury was worsened by how the meeting was conducted – An open-plan upstairs office allowed other staff to hear the meeting, including his subordinates.
The injuries were as follows:
- An exacerbation of pre-existing panic disorder, which later resolved
- An ongoing aggravation of pre-existing anxiety disorder
- ISV Rating 3
| Head of Damage | Amount |
| General damages | $4,350 |
| Past economic loss | $186,000 |
| Interest on past economic loss | $9,820 |
| Fox v Wood | $20,028 |
| Past loss of superannuation | $18,600 |
| Future economic loss | $130,000 |
| Future loss of superannuation | $14,690 |
| Special damages | $7,279 |
| Future out of pocket expenses | $5,000 |
| Total | $395,767 |
| Less WorkCover refund | $94,570 |
| Net damages | $301,197 |
$1.09 million for serious mental disorder
Ackers v Cairns Regional Council – Supreme Court of Queensland
The claimant was a payroll supervisor for Cairns Regional Council. Three experienced team members went on long-term sick leave, leaving him severely understaffed. He was working very long hours to ensure council employees were paid on time.
Subsequently, errors occurred, and he was placed on a performance improvement plan. He was also told another manager wanted him terminated.
The claimant was already living with a mild pre-existing depressive disorder. As a consequence of this job incident he acquired a serious major depressive disorder with related anxiety, a tremor and a stutter that put him off work.
The court decided the Council broke its duty of care by unfairly pursuing the performance plan and acting in bad faith, knowing there was a foreseeable danger of psychiatric impairment.
- Post-injury PIRS: 17%
- Less pre-existing impairment: 5%
- Net PIRS: 12%
- ISV 30 for serious mental disorder
| Head of Damage | Amount |
| General damages | $53,000.00 |
| Past economic loss | $456,433.09 |
| Past loss of earnings | $395,030.27 |
| Past loss of superannuation | $61,402.82 |
| Interest on past economic loss | $3,925.32 |
| Past special damages | $164,000.00 |
| Interest on past special damages | $2,256.64 |
| Wilson v McLeay damages | $1,500.00 |
| Future loss of earnings | $451,265.70 |
| Future loss of superannuation | $75,821.94 |
| Future recurring special damages | $47,095.07 |
| Fixed future special damages | $20,750.00 |
| Subtotal | $1,276,047.76 |
| Less Local Govt WorkCover payments | -$176,915.07 |
| Total judgment | $1,099,132.69 |
$30k for emotional suffering from unlawful detention
Walker v State of Queensland – District Court of Queensland
The claimant was pulled over on the side of the road near the Sunshine Coast, between a gas station and Sunshine Coast University Private Hospital, where his father was a dying patient. He was allegedly committing a “hooning” offence – a “burnout”. Walker was not assaulted, handcuffed or brought to a watch house, nor was he inflicted with any physical injuries.
- He repeatedly told officers his father was dying in hospital and asked to leave; they refused and later impounded his car for 90 days and issued a Traffic Infringement Notice.
- One police officer called the hospital and confirmed Walker’s father was ill but not “imminently dying” — this was never communicated to Walker, prolonging his distress.
- His father passed two days later.
The court assessed psychiatric/emotional harm and injury to liberty: distress, embarrassment, humiliation from being watched by passing motorists, and denial of time with his dying father.
Category | Outcome |
|---|---|
General damages | Awarded (liberty + hurt/distress/embarrassment) |
Exemplary (punitive) damages | Refused — conduct fell short of the “conscious wrongdoing/contumelious disregard” threshold |
Total damages (general + aggravated combined) | $30,000 |
Interest | Allowed under s 58 Civil Proceedings Act 2011, |
Can I Sue My Employer for Emotional Distress?
In Queensland, your employer may face legal consequences and be required to pay compensation if they are found to have caused an employee emotional distress. Under the Workers’ Compensation and Rehabilitation Act, an employee can usually accept a WorkCover statutory offer or make a common law claim for employer negligence for a pure psychological injury.
When something goes wrong and your job psychologically damages you, you may be eligible to seek damages for your employer’s failed duty of care. A common example is mental harm from workplace harassment and bullying.
Alternatively, a PTSD compensation claim in Queensland may be relevant for a post-traumatic stress disorder diagnosis, when supported by medical evidence linking the condition to work events or conduct.
Claiming for Work-Related Stress
You could have a valid Queensland WorkCover claim if work stress has caused you to be emotionally injured. Much like employers are required to provide a safe physical working environment protecting you from physical harm, they must also take reasonable steps to protect your mental health.
When something goes wrong and your job psychologically damages you, you may be eligible to seek damages for your employer’s failed duty of care.
Can I Sue for Emotional Trauma from a Car Accident?
You may be eligible to sue for car accident-related emotional trauma when you have either:
- Been injured in a car accident as a driver, passenger, or pedestrian and were wholly or partly not to blame for the incident.
- You witnessed a violent traffic accident.
- Seen someone injured or die in a motor vehicle accident, including if you witnessed the accident scene after the collision or had a severe psychological reaction when informed of the event.
NOTE: For legal purposes, excessive grief is not considered emotional distress.
- Furthermore, you may be entitled to financial compensation for a psychiatric injury and its related losses even if you were not a direct participant in a car crash (or another type of road accident).
- To succeed, you must be diagnosed with a recognised mental health condition such as depression, anxiety, adjustment disorder, PTSD, etc.
Can I Sue for Emotional Abuse?
If you are an abuse survivor, you may be able to claim legal damages for mental anguish and receive financial compensation.
That’s because sexual abuse, physical abuse, psychological and emotional abuse, financial abuse, and other forms of abuse all have the potential to cause significant emotional suffering.
Common Causes of Severe Emotional Distress
These are the common causes of severe emotional trauma in Australia, according to the Australian Bureau of Statistics (ABS) and the Australian Institute of Health and Welfare (AIHW)
Cause | Common Examples | Possible Impacts |
|---|---|---|
Serious Accident | Motor vehicle accident, workplace accident, fall, physical injury | Shock, anxiety, PTSD, depression, fear of driving or returning to work |
Death or serious injury of someone close | Sudden death, witnessing a fatal accident, serious illness of a family member | Grief, depression, anxiety, traumatic stress |
Workplace bullying or harassment | Repeated bullying, intimidation, humiliation, harassment or unreasonable management conduct | Anxiety, depression, loss of confidence, sleep problems, psychological injury |
Workplace accident | Serious injury, witnessing a traumatic incident, unsafe workplace incident | PTSD, anxiety, depression, avoidance, hypervigilance |
Physical assault or violence | Assault, domestic violence, robbery, threats of violence | threats of violence
PTSD, anxiety, depression, fear and hypervigilance |
Loss of employment | Redundancy, dismissal, prolonged unemployment, workplace conflict | Loss of identity, anxiety, depression, financial stress |
Witnessing traumatic events | Seeing someone seriously injured or killed, major accident or violence | Intrusive memories, nightmares, avoidance and PTSD |
Chronic pain or disability | Persistent pain, permanent impairment, loss of physical function | Depression, anxiety, frustration, social withdrawal |
How Do I Know if I Have Emotional Damage?
You will know if you have emotional damage when you experience the common psychological symptoms of this type of mental illness. Generally, people triggered by an unexpected event have:
- Flashbacks and nightmares
- Avoid people, places or situations associated with the incident
- Severe anxiety or panic attacks
- Depression or feelings of hopelessness
- Mood swings and irritability
- Trouble concentrating or making decisions
- Physical symptoms like headaches, stomach aches and lack of appetite
- Trouble maintaining relationships and employment
- Experiencing anxiety disorders
About Emotional Distress Claims
Australians who have experienced emotional distress due to the negligence or intent of others could have legal options for claiming compensation. The circumstances of your case will determine the type of psychological personal injury claim you could pursue; some common ones are:
Negligent Infliction of Emotional Distress
- When you have mental suffering because someone failed in their duty of care, you could lodge a compensation claim.
- In many circumstances, people (or entities) owe others a duty to provide reasonable care to protect them from harm.
Intentional Infliction of Emotional Distress
- If someone intentionally causes you emotional harm, you may be able to pursue legal action for intentional infliction of emotional distress.
- To achieve a successful outcome, you must demonstrate that the other person’s actions were highly unusual and disturbing and resulted in significant emotional pain.
Wrongful Death Claim
- Losing someone close to you due to negligence can trigger significant emotional distress.
- In this situation, you could successfully file a wrongful death claim to recover damages for the emotional harm caused by a loved one’s passing.
Nervous Shock Claims
You may be able to seek damages for psychiatric and mental harm if you have witnessed an unexpected traumatic event and have a secondary psychological injury.
Nervous shock claims are common in severe road accidents and medical negligence cases, where a bystander may have seen the injury or death of someone else (or the accident scene soon after).
- To have a successful claim, you must prove that it was foreseeable that the negligent action would cause emotional trauma to other parties.
- It can be very challenging to prove a case involving psychological harm caused by medical negligence. These types of cases typically require advice from a medical negligence lawyer.
What Evidence Do I Need to Prove Emotional Distress?
In Australia, you will need evidence of emotional distress caused by the negligence, carelessness or intentional wrongdoing of another person or party to seek compensation. Courts typically require strict legal grounds for emotional distress claims to prevent fraudulent lawsuits.
Supporting documents from a medical professional that prove emotional distress often include the following:
- Diagnosis and medical records from a psychiatrist or psychologist.
- Witness statements from people who can confirm what happened and how it has impacted you.
- Photos and videos of the accident scene or your physical injuries, if applicable.
- Records from any counselling, therapy or other treatments you have received to address your emotional trauma.
Seeking legal advice from a personal injury lawyer who understands mental illness claims can help you understand your right to sue for emotional trauma. They can review your case and ensure you have sufficient medical evidence that proves you have suffered emotional distress due to the actions or inaction of another party.
Documenting Your Emotional Damage
When filing an emotional trauma claim, the quality of your evidence will be critical to achieving your desired outcome. This evidence includes documentation of your emotional damage and mental condition. In addition to the documents outlined above, keeping a diary where you record your daily or weekly experiences can help, for example:
- Record the times and dates of your treatments
- Record your feelings and emotions
- Document any flashbacks, nightmares, avoidance behaviours, etc
Psychologists and psychiatrists often recommend this type of documentation and will likely explain more when you meet with them.
Psychologists and psychiatrists often recommend this type of documentation and will likely explain more when you meet with them.
What are the Steps to File an Emotional Distress Lawsuit?
To successfully sue for emotional distress, first discuss the specifics of your case with an experienced personal injury lawyer. They will advise on the steps required to lodge an emotional distress claim.
- Typically, this involves collecting evidence and submitting a statement of claim that sets out the actions and omissions that caused your mental suffering.
- To deliver your desired outcome, your compensation solicitor will negotiate an out-of-court settlement or, in rare circumstances, provide legal representation in court.
Time Limits for an Emotional Distress Case
Please be aware that the time limits for filing a psychological personal injury claim vary by state in Australia. Generally, you must lodge your case within three years of the trauma commencing. Missing a deadline generally means you cannot seek compensation for a financial loss.
- Claiming compensation for psychological harm is generally more difficult than for a physical injury, as the damage is not visible.
- Qualified legal advice can help you understand the common barriers to success.
How Much Compensation for Emotional Distress Damages?
How much you can claim for emotional distress compensation often comes down to the severity of the psychiatric injury and the evidence of financial losses (such as medical expenses, lost income, and future treatment costs), as well as the impact on your quality of life.
How much compensation you get will depend on your unique circumstances, including how much your injury has changed your life. A significant factor in determining what your claim is worth is the level of your mental damage. For example, some psychological disorders could be long-term, impacting your capacity to maintain a career, while others last less than a year.
Types of Damages for Emotional Harm
Under Australian personal injury law, the two main types of legal damages for emotional pain awarded in a psychological distress case are economic and non-economic.
Economic Damages
Economic damages refer to the monetary losses you have suffered due to an injury, such as emotional trauma, and can include medical expenses, lost wages, future treatment costs, and other out-of-pocket expenses you have incurred due to your trauma.
(Reference: Australian Government Department of Social Services, Economic loss compensation.)
Non-Economic Damages
Non-economic damages are the non-monetary losses you have suffered due to emotional distress. These can include pain and suffering, emotional damage, loss of enjoyment of life, and other intangible losses.
Limits on Damages
There may be limits on the damages you can recover in emotional distress cases. Some Australian states may cap how much you can recover, and the size of the defendant’s insurance coverage may limit the payout.
Accessing Support for Emotional Distress
Feeling grief and stress after an unexpected traumatic incident is normal, and these feelings will pass with time. However, when the event is so horrific that it causes a mental injury, professional support is needed. Seeking legal advice may help you access financial resources to take time off work and recover. Meanwhile, medical professionals can help you get your life back on track.
- The first step to recovery is seeking medical treatment to manage your damaged emotions. Your doctor will help you with the physical symptoms of psychological distress and refer you to an emotional disorder specialist for further treatment.
- Additionally, your documentation and treatment records will be valuable evidence if you decide to seek compensation.
Personal Injury Law Advice for Emotional Trauma Claims
Seeking expert legal advice before making an emotional distress claim helps you understand your legal options.
These types of lawsuits can be challenging because the injury is invisible and relies on expert reports and assessments to prove your loss. Furthermore, large insurance companies will also do their best to undervalue or outright reject your case.
Free Consultation for Emotional Distress Cases
Splatt Lawyers’ team of personal injury lawyers can help Queenslanders understand their rights by providing mental illness compensation advice when harmed by the negligence of others.
Our psychological injury lawyers offer a free review of your situation. At Splatt Lawyers, you have zero financial risk for your case thanks to our “100% no win, no fee” policy.
It’s free to find out if you have a case and learn about the process for an emotional distress claim. Pay for a win and owe zero if you lose. Call 1800 700 125
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Sue for Emotional Trauma FAQs
What happens during a psychological injury lawsuit?
When you pursue a psychological injury claim, your solicitor will explain how to gather evidence and prepare your case. The personal injury claims process includes collecting witness statements and medical evidence from mental health professionals and other experts to establish an emotional distress lawsuit. A qualified personal injury lawyer also knows how to:
- Identify the negligent party
- Conduct negotiations with their insurers or solicitors
- And settle your case through mediation
In Queensland, the process may also involve complying with pre-court steps and insurer requirements, especially for car accident, public liability, or workers’ compensation-related psychological injury claims.
Can you sue for loss of enjoyment of life?
In Australia, you can sue for loss of enjoyment of life when maeking a personal injury claim. Under Australian personal injury law, you can recover compensation for non-economic losses, including emotional suffering.
Can I claim compensation for mental or emotional distress?
- Anyone who experiences emotional distress or mental harm caused by the negligence of another person or party and acquires a recognised psychological or psychiatric injury could sue for emotional distress.
- Seeking professional legal advice is the first step in the compensation claims process, as your lawyer will help you assess the merits of your case and explain how to build a strong argument for a successful outcome.
How do I prove I have emotional trauma?
Proving you have an emotional trauma condition starts with collecting evidence to verify your illness, including witness statements, medical reports and assessments from mental health professionals. These documents establish the existence of psychological and psychiatric injuries.
You will also need to provide proof that the traumatic event caused your psychiatric condition (or the escalation of an existing disorder), such as an expert assessment of how the accident caused or contributed to your illness.
How long is an emotional distress lawsuit?
Most emotional distress lawsuits take between six months and two years to settle, with complex claims taking more than two years. The amount of time depends on several factors, including the following:
- The level of your psychological harm. More severe cases take longer to settle because they generally have larger payouts, making insurance companies more likely to challenge these claims.
- The difficulty of proving psychological injuries. It is simpler to provide evidence for some recognised mental health conditions than for others.
- The difficulty of establishing fault. Occasionally, the guilty party denies liability, or multiple parties are to blame, so assigning fault takes longer.
What is the relationship between psychological injuries and physical injuries?
In Australia, many psychological injuries are associated with physical harm. However, unlike physical injuries, a pure psychological injury cannot be seen, which complicates the process of seeking common law damages.
For example, a mental injury is often associated with a traumatic event like a motor vehicle accident.
How much is an emotional distress compensation payout worth?
Safe Work Australia reported that in 2020–21, serious claims for workplace mental health conditions had a median compensation payment of $55,270 per claim and a median of 30.7 weeks of time lost.
- Each Australian state has legislation that limits psychological injury compensation, which affects how much your payout is worth.
- Some states cap emotional distress damages between $250,000 and $750,000.
- Claim valuations depend on the severity of your mental disorder, which is measured using the ISV scale.
How much can I sue for emotional distress?
- How much you can sue for emotional distress depends on the severity of your psychiatric injury, the impact on your ability to work, and the financial losses linked to the condition (including medical expenses, lost wages, and future treatment costs).
- Your medical evidence and expert reports will also affect how insurers assess and negotiate emotional distress claims.