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
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
The laws in Australia say that psychological suffering is as valid as a physical injury. Which means you can commence legal action for emotional trauma when another person’s negligence harms you, but it is a complex process.
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
Our guide to emotional distress claims also explains the legal process for claiming damages for financial losses caused by others’ carelessness.
More about common law claims for psychological injuries
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.
How much is a compensation payout?
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 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)
More about psychological injury claims
Emotional Distress Cases Won in Australia
According to Safe Work Australia, personal injury claims for recognised psychiatric illnesses is growing at a faster rate than for physical injuries. Consequently, there have been numerous emotional distress cases won in Australia by those taking legal actions 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.
Can I Sue My Employer for Emotional Distress?
In Queensland, your employer may face legal consequences and be obligated to provide compensation if they are found to have caused emotional distress to an employee. 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.
More about workplace mental illness claims
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 was 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. (Please know that 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 other type of road accident). To succeed, you must be diagnosed with a recognised mental health condition like depression, anxiety, adjustment disorder, PTSD, etc.
More about car accident claims
Can I Sue for Emotional Abuse?
Sexual abuse, physical abuse, psychological and emotional abuse, financial abuse, and other forms of abuse all have the potential to cause significant emotional suffering. If you are an abuse survivor, you may be able to claim legal damages for mental anguish and receive financial compensation.
Free Online Claim Assessment
Common Causes of Severe Emotional Distress?
A wide range of incidents, events and physical injuries can cause severe emotional trauma, with common triggers including:
- Physical or emotional abuse
- Serious car or work accident
- Recreation or sporting accidents
- Travel or transportation accidents
- Public place accidents
- Sexual assault or harassment
- Witnessing a disturbing incident, like violence or death
- A severe accident
- Natural disasters
- Combat, war or other violent conflicts
- Medical malpractice, e.g. faulty procedures, treatments or misdiagnosis
- Losing a loved one
How Do I Know if I Have Emotional Damage?
You will know if you have emotional damage when you experience the common psychological symptoms for 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 being:
Negligent infliction of emotional distress
When you have mental suffering because someone failed 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 a loved one’s passing caused.
Nervous Shock Claims
You could seek damages for psychiatric and mental harm when you have witnessed an unexpected traumatic event and have a secondary psychological injury. Nervous shock claims are prevalent 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.
Free Online Claim Assessment
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 for emotional distress. The quality of supporting documents from a medical professional will help determine if you have a successful claim.
Documents that prove emotional distress and can 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 compensation lawyer who understands mental illness claims can help you understand your right to sue for emotional trauma. An experienced personal injury lawyer 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. Apart from the documents outlined above, keeping a diary where you record your daily or weekly experiences can be helpful.
For example, record the times and dates of your treatments, feelings and emotions; document flashbacks, nightmares, avoidance behaviours, etc. 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 lawsuit. Typically, this involves collecting evidence and submitting a statement of claim containing details such as the actions and omissions that led to 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.
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.
Understand that 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.
More about personal injury claim time limits
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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 you can claim in emotional distress damages depends on your unique circumstances (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.
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 emotional trauma. These can include medical expenses, lost wages, future treatment costs, and other out-of-pocket expenses you have incurred from your trauma.
Non-Economic Damages
Non-economic damages refer to the non-monetary losses you have suffered due to emotional distress. These can include pain and suffering, emotional damage, lost 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 receive, and the size of the defendant’s insurance coverage may limit the payout.
At Splatt Lawyers, it’s free to know if you have a case and the process of an emotional distress claim. All our compensation legal services are 100% No Win, No Fee. Pay for a win and owe zero if you lose. Call 1800 700 125
Accessing Support for Emotional Distress
Feeling grief and stress after an unexpected traumatic incident is typical, 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 assist you in getting your life back on track.
Seeking medical treatment is an essential first step in managing 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, their documentation and treatment records will be valuable evidence if you decide to pursue 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 negligence.
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 “no win, no fee” policy. 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. An experienced 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 lost enjoyment of life when you make 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 is a tricky process that starts by collecting evidence from various sources. To verify your illness, you will need witness statements, medical reports and assessments from mental health professionals that 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?
The time it takes to claim compensation through an emotional distress lawsuit depends on several factors.
- 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. Sometimes, the guilty party denies liability or multiple parties are to blame, so it takes longer to assign fault.
What is the relationship between psychological injuries and physical injuries?
A mental injury often comes after traumatic events like motor vehicle accidents. 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.
How much is an emotional distress compensation payout worth?
Each state of Australia has legislation that specifies limits for psychological injury compensation, which will impact how much your payout is worth. Furthermore, claim valuations rely on the severity of your mental disorder, which is measured using the ISV scale.
How much can I sue for emotional distress?
How much I 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.
What is a nervous shock claim in QLD?
A QLD nervous shock claim is commonly used to describe a claim for psychiatric injury suffered after witnessing a traumatic event (for example, seeing someone seriously injured or killed, or arriving at an accident scene soon after).
Like other nervous shock claims, you generally need medical evidence of a recognised psychiatric injury and proof that another party’s negligence or wrongdoing caused the harm.
Can I make a PTSD compensation claim in Queensland?
A PTSD compensation claim in Queensland may be possible where PTSD is diagnosed by a qualified medical professional, and there is evidence linking the condition to a compensable event (such as a car accident, workplace incident, medical negligence, or other negligent conduct).
A compensation lawyer can advise on the right pathway and the medical evidence needed to support the claim.