Home / Volume 6, Issue 1 / Emotional Distress and Claim in Law of Torts Open access · CC BY-NC 4.0
Research Paper Volume 6 Issue 1 669 - 677 January 21, 2023

Emotional Distress and Claim in Law of Torts

Lead author · Corresponding
Priyanshi Jain
Student at Dharmashastra National Law University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.114103
Abstract

This article will analyse the concept of emotional distress which is caused due to physical injury in torts. Traditionally, emotional anguish has been characterised as "parasitic" in nature and is only understood through the lens of a physical damage. The significance of acknowledging emotional suffering as a separate cause of action was realised as a result of shifting social perceptions. A person's physical and mental integrity can be violated, and the plaintiff can suffer a corresponding loss. Today, this tort is widely recognised as a distinct cause of action in the majority of legal systems around the world. Hence this article will discuss the different torts which cause emotional distress to the plaintiff through various case laws related to this. Also, this will discuss that whether emotional distress is taken into consideration or not under torts. Then this article will also discuss the cause of action and various grounds for claim of damages under emotional distress in torts. This paper will also be throwing light on remedies available for emotional distress in torts.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 669 - 677
DOI: https://doij.org/10.10000/IJLMH.114103
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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