When you experience something upsetting that goes beyond physical injury, like witnessing a loved one’s accident or facing severe emotional trauma, Tennessee law lets you seek compensation for emotional distress. You don’t need a physical injury to make a claim—emotional distress alone can form the basis of your case.
What types of emotional distress can you claim?
In Tennessee, emotional distress claims fall into two main categories. One is negligent infliction of emotional distress, which applies when someone’s careless behavior causes you serious mental suffering. For example, if you witness a close family member suffer a terrible injury and it affects you deeply, that could support a claim. The other category is intentional infliction of emotional distress. This applies when someone acts with intent or extreme recklessness, and their behavior is so unacceptable that it causes serious emotional harm.
What do you need to prove?
For negligent emotional distress, you need to show that the person owed you a legal duty, failed to meet that duty through carelessness, and that this led directly to your emotional suffering. For intentional emotional distress, Tennessee courts require proof that the person acted outrageously, well beyond what society considers acceptable, and did so on purpose or with complete disregard for your well-being.
What evidence supports your claim?
You need strong proof to support your case. Medical records and psychological evaluations can help show the mental toll the event had on you. Personal testimony about how your daily life changed carries weight. Input from family, friends, or mental health professionals can also confirm the emotional impact. These details build a clearer picture of your emotional distress.
Are there limits on emotional distress claims?
Tennessee gives you one year from the date of the distressing event to file your claim. If the incident happened on April 1, 2024, you must file by April 1, 2025. Missing this deadline usually means the court won’t hear your case.
If someone else’s actions left you emotionally shaken, Tennessee law allows you to pursue compensation. When emotional trauma affects your life in real ways, you deserve a chance to hold the responsible party accountable.