Emotional distress claims are powerful—but they’re not always easy to prove. For civil litigators, knowing when and how to pursue these claims makes a big difference in both client satisfaction and case success.

Recognize When It’s Viable

The two most common types are:

• Intentional Infliction of Emotional Distress (IIED)
  
• Negligent Infliction of Emotional Distress (NIED)
  

But a valid claim usually requires:

• A clear cause (e.g., harassment, negligence)
  
• Verified mental health harm (like a diagnosis or therapy)
  
• Strong documentation of how it affected daily life

Intake Questions That Save Time

Use clear criteria to determine if the case is viable:

• Has the client received a diagnosis?
  
• Is there documentation of harm?
  
• Can you directly connect harm to the defendant’s conduct?
  

If not, you may be better off pursuing a different cause of action.

Where Vikk Pro Helps

Vikk Pro can generate initial case summaries, flag missing documentation, and help you prioritize viable claims. This saves your firm time and helps you provide a realistic outlook for emotionally sensitive cases.

Final Thought

Handling emotional distress claims requires care, evidence, and strategy. With AI tools like Vikk Pro, lawyers can stay compassionate while making smart, data-backed decisions.