How much can you get if you sue for emotional distress?
James Craig
Published Apr 04, 2026
In Provincial Court Civil you can sue for an amount up to $50,000 plus interest and costs.
Can you sue for emotional distress from a lawsuit?
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.
Can you get compensation for emotional distress?
Under the Compulsory Third Party (CTP) scheme in New South Wales (NSW), you may be awarded compensation benefits for your psychological/psychiatric injuries that may emerge as a result of the shock, extreme anxiety or stress you suffered due to a motor vehicle accident.
Do I pay taxes in a settlement?
Settlement payments are often considered taxable income by the IRS, but perhaps the biggest exception to that rule comes into play with settlements to compensate for personal injuries.
How to prove emotional distress in a lawsuit?
The carelessness will typically put you in fear of physical injury or have caused actual physical injury to a family member. For example, watching someone carelessly strike your child with their car could qualify.
Can a claim for emotional distress be taxed?
Emotional distress may involve physical symptoms such as headaches, stomach disorders, and insomnia, but these are generally held not to be physical injuries or physical sickness. Claims for intention infliction of emotional distress are taxable.
How is emotional distress treated as a physical injury?
Emotional distress itself is not a physical injury or physical sickness, but damages you receive for emotional distress due to a physical injury or sickness are treated as received for the physical injury or sickness. Do not include them in your income.
How much did I get paid for emotional distress?
The settlement agreement specifically states that my portion in the amount of $64,000 was in compensation for emotional distress. The other $75,000 is paid directly to my attorneys.