Illinois Psychological Injuries and Lawsuits

There are certain steps you can take to prove your psychological injury in court.

A psychological injury might be invisible to an onlooker—and it might be invisible even to the victim’s family and friends—but a psychological injury is just as damaging and just as serious as a physical injury. 

In some ways, psychological injuries are more difficult to handle for that very reason. When you break your leg, or have surgery, or you have a head injury, you might be fortunate enough to have people ready and willing to help you out with whatever you need. But if you’re suffering from post-traumatic stress disorder (PTSD), for example, no one might know that you have terrible nightmares, or you have frequent headaches or chronic pain. And often, psychological injuries are dismissed as less important than physical injuries and sometimes a victim doesn’t even seek the help they need. 

But a psychological injury is very real. It can happen to anyone, particularly after a traumatic event or accident. Sometimes, a psychological injury accompanies a physical injury, but it can also stand on its own. Illinois workers’ compensation benefits also cover psychological or psychiatric injuries caused by conditions at work.

When can you sue for emotional distress in Illinois?

Illinois law defines emotional distress as a severe emotional or mental response that a person suffers as a result of another party’s actions. In a lawsuit, Illinois would typically consider emotional distress to be serious and significant if it goes beyond ordinary stress or upset and causes symptoms that substantially interfere with daily life. The Illinois courts rely on intensity, duration, and impact of the distress to award damages.

Factors used by Illinois courts to determine if a plaintiff has suffered emotional distress

Intentional infliction of emotional distress (IIED)

An Illinois court will evaluate whether the defendant’s action was “extreme and outrageous” enough to cause severe distress. “Severe distress” in this context means it goes beyond what a reasonable person would endure. 

To have a successful IIED claim, the plaintiff must show that:

• The defendant’s conduct was extreme and outrageous. 
• The defendant intended to cause emotional distress or knew there was a high likelihood it would. 
• The plaintiff suffered severe emotional distress as a result.

These types of claims might include public humiliation or threats of harm.

Negligent infliction of emotional distress (NIED)

There are three key elements of the Illinois “zone of danger” rule that allows a victim to recover damages for emotional distress resulting from another party’s negligence because of being within a certain proximity of the traumatic event.

1. Proximity to the traumatic event

The plaintiff was close enough to the accident or incident to face an immediate threat to their physical safety.

2. Fear of physical harm

The plaintiff must have experienced a genuine fear of physical harm. For instance, if they narrowly avoided an accident or witnessed a traumatic event close by, they might reasonably fear for their life or physical well-being.

3. Resulting severe emotional distress

Evidence of severe emotional distress can include medical records and expert psychological testimony. It must demonstrate that the distress has significantly affected the victim’s mental health or daily life.

There are a few examples of NIED that fall within the “zone of danger” rule.

A near-miss car accident, for instance, could result in NIED. If the plaintiff is nearly hit by a negligent driver and fears they are about to be injured, they may be in the zone of physical danger and eligible to claim damages for any emotional distress caused by the close call.

Another example is witnessing injury to a loved one. In some cases, Illinois allows a bystander who witnesses a family member being injured to recover for emotional distress if they are in the zone of physical danger themselves (for example, a parent witnessing a child being harmed while both are present at the scene).

Typically, the court would not require that the victim of NIED is physically injured but close proximity is necessary. The court would apply an objective standard to determine whether a reasonable person in the same position would have felt that their safety was at risk.

The zone of physical danger rule limits recovery for emotional distress to situations when the plaintiff’s fear is based on genuine, immediate risk of harm. Their emotional distress claims must be grounded in direct experiences and not indirect or remote fear. This helps to prevent an excessive number of claims for distress in situations where the threat to personal safety is minimal or nonexistent.

Workplace and discrimination claims

Defamation and privacy violations

Psychological injuries can also be compensable in privacy invasion or defamation cases, where a person’s reputation or privacy has been damaged. In these cases, emotional distress damages may be awarded without physical injury.

Other torts that could result in severe emotional distress

Illinois courts allow recovery for psychological harm in certain torts, like false imprisonment or invasion of privacy, where the distress is a foreseeable result of the defendant’s actions.

To recover damages from a psychological injury without physical injuries, the emotional injuries must have noticeably and significantly affected your overall well-being.

How to prove psychological injuries

Any lawsuit requires evidence to support your claim. 

If you have a physical injury, the evidence might speak for itself—a broken leg, spine injury, traumatic brain injury, etc. are easily proven to exist. But you can’t tell by looking at a person if they have a psychological injury. 

The burden of proof in a personal injury lawsuit is on the plaintiff (injured person). The plaintiff must prove their claim by a preponderance of the evidence, which means they must show that it is more likely than not (or greater than 50% likelihood) that their claims are true and the defendant was negligent. 

A plaintiff might be asked for evidence that includes:

A plaintiff must demonstrate a clear link between the psychological injury and the defendant’s actions. This can involve showing that they had no prior psychological conditions or that their current condition significantly worsened after the event in question.

What to do if you’ve suffered a psychological injury in Illinois

1. Seek mental health treatment from a qualified professional. If you don’t know where to look, ask your primary care provider for guidance. A healthcare provider can diagnose your condition and advise on the most effective treatment. This might include counseling, cognitive behavior therapy, rehabilitative care or medication.
2. Document your distress. Maintain a journal or log of your symptoms, how you feel each day, and how it affects your life. Include physical symptoms, feelings, changes to your life, changes to your work, changes to sleep patterns, and so on. 
3. Gather evidence. As mentioned earlier, there will be substantial evidence required to prove your claim. You can start with the basics like police reports and witness statements, photos, video footage, and the like. Keep track of every medical bill, pay stub or other record of any expense or financial loss related to the psychological injury. The more you have organized and ready, the easier it will be when you meet with your attorney for the first time.
4. Watch the clock. The statute of limitations is the amount of time you have in which to file a lawsuit. If you miss the window of opportunity, the court will likely decline to hear your case. In Illinois, a victim has two years from the date they knew or reasonably should’ve known about their injury in which to file a lawsuit.
5. Consult an Illinois personal injury lawyer. A lawsuit can either be settled out of court, or it will go to trial if the parties cannot reach an agreeable settlement. An Illinois psychological injury lawsuit is nuanced, requires experts to prove a claim, and can be complex. A qualified and experienced Illinois personal injury attorney can help you to reach the compensation you need.