Can You Sue for Emotional Distress?

Let us explore some specific scenarios where compensation for emotional damages may be sought. Firstly, when an individual’s personal rights are violated, causing physical harm and resulting in emotional distress for the direct victim or the close relatives of a deceased victim. This could occur in cases such as motor vehicle accidents, medical accidents, or harm caused by animals.

For example, in a traffic accident in Zhejiang, a victim suffered physical injuries which were assessed as a level 10 disability through judicial appraisal, the degree of disability would have a psychological impact on the victim’s future life. The court, considering the circumstances of the case and the local living standards, awarded 6,000 yuan as compensation for emotional damages.

Another situation arises when the rights of a person, such as their name or image, are infringed upon, leading to emotional harm to the victim. Similarly, if the personal interests of a deceased individual are violated, causing emotional damage to their close relatives, they also have the right to seek compensation for emotional damages.

In Beijing, a social media platform published insulting and demeaning content about a revolutionary martyr for commercial purposes, which damaged the image of the martyr and caused mental harm to their relatives. The court ruled for an apology, elimination of the negative impact, and compensation as consolation for spiritual damages, thus protecting the legitimate rights and interests of national heroes and revolutionary martyrs.

Furthermore, the infringement upon general personality rights, like defamation, bodily searches, or the infringement of personal freedom, can also result in severe emotional harm. In such instances, individuals are entitled to pursue compensation for the inflicted psychological distress.

In a supermarket in Anhui, a security guard suspected a customer had unpaid items and demanded them to return for inspection. The customer was forced to prove their innocence by showing the items in their bag, lifting their clothes, and emptying their pockets, which attracted a crowd and violated their personal freedom and dignity. The court awarded 3,000 yuan as compensation for emotional damages in this case.

Moreover, identity rights play a crucial role in the compensation for emotional damages. For example, spousal rights are protected, and if bigamy, cohabitation with another person, domestic violence, abuse, abandonment, or other significant misconduct occurs, leading to divorce and causing emotional harm to the innocent party, they have the right to claim compensation for emotional damages.

In another case in Zhejiang, during the existence of the marriage relationship, one spouse had an improper relationship with another person, seriously breaching the obligation of fidelity between spouses and damaging the marital and family relationship. The court awarded 7,000 yuan as compensation as emotional damages to the innocent party.