Filing an Emotional Distress Claim in New Orleans, Louisiana

Emotional pain doesn’t always leave bruises, but in Louisiana, it can still lead to a lawsuit.

Mental harm is just as real as physical injury, and in Louisiana, the law does not ignore it. If someone’s actions caused you serious emotional pain, you may have a legal path forward. This is not about hurt feelings or temporary stress. It’s about lasting psychological effects that interfere with your life. Here’s what you need to know about emotional distress claims in New Orleans and how Louisiana law handles them.

Understanding Emotional Distress

Emotional distress is a legal term for significant mental suffering caused by someone else’s actions. Under Louisiana Civil Code Article 2315, if you’ve been harmed—physically or emotionally—by another person’s fault, you may be entitled to damages. This law recognizes that trauma doesn’t have to leave bruises to be real.

Art. 2315.  Liability for acts causing damages

A.  Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

B.  Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease.  Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged.

In practice, emotional distress might come from a car accident, medical error, assault, or even witnessing a traumatic event involving a loved one. Symptoms can include panic attacks, chronic anxiety, depression, nightmares, and trouble functioning day-to-day. Louisiana courts take these injuries seriously, but not every unpleasant experience qualifies.

To file a valid claim, your distress must be serious, long-lasting, and clearly connected to the defendant’s behavior.

Types of Emotional Distress Claims

There are two main categories of emotional distress claims: negligent infliction and intentional infliction. Each has its own legal standards.

1. Negligent Infliction of Emotional Distress (NIED)

   
   

This applies when someone accidentally causes you emotional harm through careless or reckless actions. It’s not enough to be upset—you have to prove that:

• The person owed you a duty of care

• They breached that duty

• Their carelessness directly caused your emotional distress

• The distress was severe and foreseeable

Louisiana courts are strict about this. In most NIED claims, you also need to show either a physical injury or that you were in the “zone of danger”—meaning close enough to be at real risk of harm when the incident occurred.

For example, if you’re almost hit by a drunk driver and suffer panic attacks afterward, you might have a case. But if you only heard about the accident later, you likely don’t.

2. Intentional Infliction of Emotional Distress (IIED)

This covers deliberate behavior meant to cause extreme emotional pain. To win this type of claim, you’ll need to prove that the defendant’s actions were:

• Intentional or reckless

• Outrageous or beyond the bounds of decency

• The direct cause of severe emotional harm

Louisiana courts don’t hand these out lightly. The behavior must be extreme. Rudeness, insults, or everyday stress don’t count. But threats, stalking, abuse, or deliberately traumatizing someone can rise to this level.

Establishing a Valid Emotional Distress Claim in New Orleans

Louisiana courts don’t hand out emotional distress awards just because someone was scared or upset. The emotional harm must be real, serious, and proven with evidence. Under the law, damages may be awarded for mental distress, but that distress has to meet a high threshold.

In Spencer v. Valero Refining Meraux, LLC, the Louisiana Supreme Court reinforced this point. An explosion at a refinery caused widespread fear and sleepless nights among nearby residents. But because none of the plaintiffs had physical injuries or medical documentation of mental harm, the court rejected their claims. It ruled that vague anxiety and inconvenience, without concrete evidence, don’t justify compensation.

You need more than just your word to move forward with a valid claim. Courts want to see:

• Medical records or diagnosis from a licensed professional

• Documentation of therapy or prescriptions for mental health treatment

• Journals, logs, or other personal records detailing your experience

• Testimony from friends, family, or coworkers who noticed significant changes in your behavior or mental state

In short, you must show that your emotional distress is both genuine and serious, not just a natural reaction to a bad experience. The Louisiana Supreme Court, citing Moresi v. State, Dept. of Wildlife & Fisheries, warned courts to apply this rule “stringently” to weed out weak or exaggerated claims. This is not a rubber-stamp process.

If you’re considering a claim, a personal injury attorney can help you pull together the documentation and witness support needed to meet the legal standard.

Damages Available in Emotional Distress Cases

If your emotional distress claim holds up in court, compensation may include:

• Pain and suffering — for the mental anguish itself

• Loss of enjoyment of life — if the distress disrupts your ability to enjoy everyday activities

• Future mental health treatment — including therapy, medication, or counseling

The value of these damages depends on the severity of your condition and the strength of your supporting evidence. Louisiana does not use a fixed formula—judges and juries decide based on the facts. That’s why detailed records and professional evaluations matter.

The Role of a Personal Injury Lawyer in Emotional Distress Claims

Emotional distress claims can be hard to prove—and even harder to win—without someone who knows how the system works. A personal injury lawyer can help protect the value of your claim by making sure emotional harm is taken seriously and properly documented.

Here’s what a lawyer can do:

• Collect evidence: This includes gathering medical records, therapist notes, and witness statements.

• Work with professionals: Attorneys often consult with mental health providers who can testify about the seriousness of your condition.

• Build a strong legal argument: Courts in Louisiana require a high level of proof. A lawyer can shape your story into something the court is more likely to accept.

• Keep your case on track: Emotional distress claims can get complicated. Deadlines, documentation, and procedural rules all matter—and one misstep can sink the case.

Many people hesitate to hire a lawyer because they’re worried about the cost. But most personal injury attorneys work on a contingency fee basis. This means you don’t pay anything upfront. If the case is successful, the attorney is paid a percentage of what you recover. If you lose, you owe nothing.

The Importance of Medical Treatment

If you’re suffering emotionally, get help—not just for your case, but for yourself.

A major mistake people make in emotional distress claims is not seeking medical treatment. Whether out of pride, shame, or financial concerns, many try to tough it out. Unfortunately, this not only delays healing, but it also weakens your case. Courts want proof that your distress is real and ongoing. That means consistent treatment. Sporadic visits or self-diagnosis won’t cut it.

Understand this: everything you share in therapy could become part of the case. These records may be disclosed to the defense to show how the incident affected you. It’s not fun, but it’s often necessary.

If you're unsure where to start, consider reaching out to:

• Psychiatrists – for diagnosis, medication management, and ongoing care

• Psychologists – for talk therapy and trauma recovery

• Licensed Clinical Social Workers (LCSWs) – for counseling and coping strategies

• Licensed Professional Counselors (LPCs) – for therapy tailored to emotional trauma

• Primary Care Physicians (PCPs) – who can refer you to mental health providers or prescribe medication

If you have health insurance, use it. Insurance can help cover the cost of therapy and doctor visits, critical not just for recovery, but for building a strong claim.

Time Limits for Filing an Emotional Distress Claim

You don’t have forever to file a claim. In Louisiana, there’s a deadline for filing lawsuits, called the statute of limitations. Miss it, and your case is likely done—no matter how legitimate your suffering may be.

For emotional distress claims tied to a personal injury:

• If the injury happened on or after July 1, 2024, the statute of limitations is two years from the date of the injury or the date the emotional harm became clear.

• If the injury occurred before that date, different deadlines might apply depending on the facts.

This is not something you want to cut close. Evidence can disappear, memories fade, and courts aren’t interested in excuses for missing deadlines. A personal injury attorney can make sure your claim is filed on time and doesn’t get tossed out on a technicality.

The Legal Process for Emotional Distress Claims

Filing a claim for emotional distress after an accident in Louisiana involves more than just telling your story—it requires proof, strategy, and someone who understands how the legal system works.

Here’s what the process usually looks like when you work with a personal injury attorney:

• Evidence collection: The attorney gathers medical records, therapy notes, witness statements, personal journals, and any other substantial evidence of your emotional state and mental suffering.

• Expert consultation: Lawyers often consult with mental health professionals to provide insight into the psychological impact of the incident, including emotional pain, post-traumatic stress disorder, or significant psychological harm.

• Filing the lawsuit: After compiling enough documentation, your attorney will file the emotional distress lawsuit and begin negotiating with the defendant or insurance company for a fair settlement.

• Ongoing updates: You’ll be kept in the loop. A good attorney will walk you through the legal process, explain your legal options, and help you make informed decisions.

• Pursuing full damages: The goal is to recover damages for pain and suffering, lost wages, future mental health care, and other non-economic damages related to the emotional distress caused.

Challenges in Pursuing Emotional Distress Claims

Emotional distress claims can be tough to win—not because they aren’t real, but because emotional trauma is harder to prove than physical harm. Some of the biggest hurdles include:

• The burden of proof: Louisiana law recognizes non-physical injuries, but the burden is on the injured person to show a direct link between the defendant’s actions and the mental anguish or psychological trauma they suffered.

• Lack of physical evidence: Emotional distress doesn’t show up on X-rays. That’s why gathering evidence like therapy records, personal testimony, and witness statements is critical.

• Complex valuation: Calculating pain and suffering damages, especially for severe emotional trauma or ongoing mental distress, is complicated. It’s easy for insurance companies to lowball the value of emotional harm.

• Legal hurdles: Emotional distress cases can involve legal issues around negligent infliction or intentional infliction of emotional distress, both of which have strict legal definitions.

If you’ve suffered emotional distress after a car accident, medical malpractice incident, or some other form of personal injury, talk to a personal injury attorney before you assume you don’t have a case.

Coverage of Future Treatment for Emotional Distress

Recovering from psychological harm takes time and money. That’s why it’s important to make sure your claim accounts for future treatment. This includes:

• Ongoing therapy

• Psychiatric care

• Medication management

• Treatment for post-traumatic stress disorder, anxiety, depression, or other mental health conditions

Future medical expenses can be built into your emotional distress lawsuit. A personal injury attorney can help include these costs in settlement discussions or trial demands, helping accident victims secure care without adding financial stress. Coverage for future treatment allows people to heal, instead of worrying about how they’ll afford it.

Don’t Let Emotional Trauma Go Unanswered — Start Your Claim Today

Filing a claim for emotional distress after an accident in Louisiana isn’t easy, but it’s often necessary, especially when the mental and emotional trauma is as real as any physical injury. Burnham Law Firm focuses on helping people recover compensation for the emotional harm they’ve suffered due to someone else’s negligence.

Emotional distress cases are personal, and they require a lawyer who actually listens, not just one who checks boxes. You deserve legal representation that treats your mental state as seriously as your medical records.

If you’ve been through something that left a mark you can’t see, don’t wait—act quickly.