Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
When we think about personal injury cases, we often picture visible wounds or broken bones. But the emotional toll after an accident or traumatic event can be just as real and sometimes even more damaging. In Louisiana, emotional distress is considered a valid type of harm under personal injury law. However, claiming compensation for it comes with unique challenges.
This guide breaks down what emotional distress means legally, how Louisiana handles these cases, what evidence you need, and how compensation is determined.
Emotional distress is a form of non-economic damage. It doesn’t involve physical injury directly, but it affects your mental well-being. This could include anxiety, depression, mood swings, or emotional trauma caused by someone else’s actions—whether intentional or negligent.
In Louisiana, emotional distress is recognized in both physical injury cases and, under special conditions, as a standalone claim. If someone’s actions caused you emotional harm, and you can show that this distress has affected your daily life, you may be entitled to compensation.
Louisiana Civil Code Article 2315 provides that every act causing damage obliges the person at fault to repair it. This includes both physical and emotional injuries.
There are two main types of emotional distress claims recognized under Louisiana law: intentional infliction and negligent infliction. These two paths differ in what they require you to prove in court.
This type of claim occurs when someone deliberately causes another person emotional harm. The behavior must be extreme and outrageous something that goes beyond simple rudeness or insensitivity. Examples could include threats, verbal abuse, or Harassment that causes lasting psychological harm.
In contrast, negligent infliction doesn’t involve intent to harm. Instead, it occurs when a person acts carelessly, and that behavior causes another person emotional suffering. Common examples include car accidents or workplace injuries. You usually need to show a physical injury along with the emotional harm, but exceptions exist in specific scenarios.
Recovery for mental anguish is permitted only when it is accompanied by physical injury or falls within narrowly defined exceptions.
Louisiana courts take emotional distress claims seriously but assess them carefully. Since emotional harm isn’t easy to measure, judges consider factors like how severe and long-lasting the distress is, what evidence supports it—such as therapy records or testimony—and how traumatic the incident was.
Courts will generally not award compensation for emotional distress unless it is supported by credible and consistent evidence, such as psychological diagnoses or long-term therapy records.
Proving emotional distress isn’t easy, but it’s not impossible either. You’ll need more than just your personal story. Courts require reliable proof that your mental state was harmed and that this harm came directly from the defendant’s actions.
Medical records from a therapist, psychologist, or psychiatrist are often the most powerful evidence. These documents show the extent of your emotional suffering and your efforts to treat it. Testimonies from family, friends, or coworkers who’ve noticed changes in your mood or behavior also add weight
Consistency matters. If your symptoms have been persistent and documented over time, your case will be stronger. Most importantly, there needs to be a clear link between what happened and how it affected your emotional health.
Louisiana follows a “pure comparative fault” rule. This means that if you’re partially to blame for the incident, your compensation gets reduced based on your share of the fault.
For example, if you’re 25% responsible for a car crash that led to emotional trauma, your total compensation will be reduced by 25%. Courts assess each party’s actions to determine how the emotional harm should be divided.
Under Louisiana’s pure comparative fault rule, even if a person is partially responsible for an incident, Damages, less their percentage of fault, may still be awarded to them.
| Criteria | Intentional Infliction (IIED) | Negligent Infliction (NIED) |
| Intent Required | Yes – must prove intent to cause harm | No – just failure to act with reasonable care |
| Type of Conduct | Outrageous, extreme behavior | Carelessness or lack of due care |
| Physical Injury Requirement | Not always, depends on severity | Usually required unless in rare cases |
| Common Examples | Harassment, abuse, threats | Car accidents, medical negligence |
| Burden of Proof | High – must show deliberate act | Moderate – prove link between act and harm |
There are two main ways emotional distress compensation is handled in Louisiana: through settlements or court awards. Settlements are often reached outside the courtroom. They tend to resolve cases faster and avoid the emotional toll of a trial. While the payout may be lower than a court award, settlements still provide financial support for therapy, lost time, or emotional recovery.
Court awards, on the other hand, come after a judge or jury reviews your case. They usually require more detailed evidence but could result in a larger payout if your claim is strong. The court will consider the severity, duration, and evidence when deciding the final amount.
You need therapy notes, psychiatric evaluations, and witness statements showing how the event changed your emotional state.
Yes. Emotional distress is a type of non-economic personal injury damage recognized under Louisiana law.
Symptoms include anxiety, depression, sleep issues, appetite changes, panic attacks, and emotional withdrawal.
Your compensation is reduced based on your share of fault. If you’re 30% at fault, you get 70% of the total damages.
Yes. Emotional distress is often part of personal injury settlements negotiated outside court.
Emotional distress can leave lasting damage, even when the physical wounds have healed. In Louisiana, the legal system allows injured individuals to seek compensation for mental and emotional harm—but only if they can provide solid evidence and meet the right legal requirements.
Whether your distress stems from a car accident, negligence, or intentional abuse, understanding your rights is the first step toward recovery. If you’re dealing with emotional suffering after an injury, the team at Charbonnet Law Firm, LLC is here to help you understand your options and guide you through the legal process with care.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
