In California, you can bring a claim for intentional infliction of emotional distress if someone's outrageous conduct causes you to suffer emotional distress. When you file a personal injury lawsuit in California, you may also seek compensation for emotional distress.The legal deadline for filing an emotional distress claim in California is generally two years from the date of the injury. A personal injury lawsuit in California can be filed not only for physical injuries but emotional, mental and psychological damage, as well. Consult an Attorney: An experienced personal injury lawyer can assess your case and outline your legal options. California law allows personal injury victims to seek compensation for the emotional injuries they have suffered when they file a negligence claim. To prove emotional distress in a personal injury lawsuit, a victim needs documentation of a mental health condition from a medical professional. You can sue for emotional distress in a personal injury claim. A substantial factor is one that was present in the case and but for its presence, the injury would not have occurred. Damages for emotional distress, mental anguish, humiliation, and loss of consortium are viable damages in a personal injury lawsuit.