Under what conditions can someone sue for emotional distress?

UPDATED: Sep 29, 2022

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Under what conditions can someone sue for emotional distress?

I was injured on my job and the workman’s comp doctor put me on medication that cause drowsiness and released me back to work only 6 hours a day have documentation. I accidentally stuck myself with a patients needle which required me to see the workman’s comp doctor again. They prescribed anti-viral medication which has to be taken 72 hours to be effective since we did’nt have a current HIV status for the patient. Well the insurance company have not authorized the meds for me and it’s been past the 72 hour mark. I am worried and need to know what I can do?

Asked on September 27, 2015 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Typically, compensation for emotional distress is only available when someone is purposefully trying to cause emotional distress the prototypical "stalking," "bullying," "harassment," etc. cases or when someone was in close proximity to a loved one who was violently killed. The natural stress over waiting for a medical or insurance situation to be resolved would not be emotional distress for which one would recover compensation, unless you can show that the insurer is trying to cause you emotional distress--which is very unlikely.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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