The law regarding a plaintiff's ability to recover damages for emotional distress as the result of another's negligence is constantly evolving. Illinois law does not require the person to intend the specific consequences of their actions, only to intend to commit the wrongful act itself.You can sue for emotional distress in Chicago and the rest of Illinois if you have proof of experiencing mental anguish. If a duty of care existed, was not met, and tangible harm resulted, negligence could be claimed. Legal claims of negligence often require the plaintiff's attorney to show that the four essential elements of a "tort" are present. This can be in the form of physical or mental injury to a person or damage to property. Where the defendant's negligence inflicts an immediate physical injury, Illinois courts allow recovery for the mental disturbance accompanying the injury. A party cannot tortiously interfere with its own contract. Some states recognize emotional distress as harm to the plaintiff, even if the harm is purely mental and not physical. Each of these elements must be established to prove that negligence legally exists in a personal injury claim.
