Bodily injury is not always physical harm, like a severed spinal cord in a car crash or a loss of limb amputation after a worksite accident. Mental or emotional injury known as “emotional distress” is a recognized form of compensable legal damage in both Indiana and Illinois.
Under our state laws, “emotional distress” is a form of non-economic pain and suffering damage that can result from either the (1) intentional actions of a wrongdoer or (2) because of the wrongdoer’s negligent conduct. See, e.g., Schweihs v. Chase Home Finance, LLC, 77 N.E.3d 50, 2016 I.L. 120041, 412 Ill. Dec. 882 (2016) and Spangler v. Bechtel, 958 N.E.2d 458 (Ind. 2011).
This is a real and respected type of harm. While both Illinois and Indiana have specific limitations on when these kinds of damages can be awarded, there is no question that “emotional distress” is a recognized basis for a legal claim for relief.
Emotional Distress and COVID-19
Today, our part of the country continues to battle on the various fronts of the Coronavirus Pandemic, which continues to escalate around the world. For more, read the “COVID-19 Timeline” generated and monitored by the New York Times.
From wearing face masks to stop the spread; to dealing with economic consequences, like job loss or cancelled insurance coverage; to the rising risks of harm involving things like road rage incidents and job site accidents, there are many reasons for COVID-19 concern here in Indiana and Illinois. See, e.g., our earlier discussions in:
- Road Rage Accidents in Illinois and Indiana: Rising Risk of Driver Violence
- Coronavirus and Fatal Car Crashes: Fatality Rates Jump Despite Emptier Roads
- Coronavirus on the Job: OSHA Failing to Keep Workers Safe from COVID-19 but New Notice May Help Victims Prove Their Legal Claims
- Coronavirus and Danger of Exposure: Determining COVID-19 Risks in Indiana and Illinois.
There is no question that the Coronavirus Pandemic is causing widespread anxiety and emotional distress throughout our country. For workers in various high risk environments, to parents facing sending kids back to school, to families of elder residents in nursing care facilities, COVID-19 is causing significant anxiety and stress.
Government Warnings about the Risk of COVID-19 Emotional Distress Harm
Both federal and state levels of government, as well as private safety and health concerns, have recognized the growing problem of emotional distress and mental health issues arising from the Coronavirus Pandemic. People are suffering real harm from COVID-19 that extends past physical symptoms of the virus itself.
CDC Warns of Emotional Distress and the Coronavirus Pandemic
The Centers for Disease Control and Prevention (“CDC”) explains (quoting from the CDC site):
“The coronavirus disease 2019 (COVID-19) pandemic may be stressful for people. Fear and anxiety about a new disease and what could happen can be overwhelming and cause strong emotions in adults and children. ….
“Fear and anxiety can be overwhelming and cause strong emotions…. People who may respond more strongly to the stress of a crisis include:
- People who are at higher risk for severe illness from COVID-19 (for example, older people, and people of any age with certain underlying medical conditions).
- Children and teens.
- People caring for family members or loved ones.
- Frontline workers such as health care providers and first responders,
- Essential workers who work in the food industry.
- People who have existing mental health conditions.
- People who use substances or have a substance use disorder.
- People who have lost their jobs, had their work hours reduced, or had other major changes to their employment.
- People who have disabilities or developmental delay.
- People who are socially isolated from others, including people who live alone, and people in rural or frontier areas.
- People in some racial and ethnic minority groups.
- People who do not have access to information in their primary language.
- People experiencing homelessness.
- People who live in congregate (group) settings.”
COVID-19 Emotional Distress Hot Lines Set Up in Illinois and Indiana
Both Indiana and Illinois have established hot lines for those suffering from emotional distress. These are free public services offered by the states.
Indiana Hot Line for COVID-19 Emotional Distress
The State of Indiana’s Division of Mental Health and Addiction offers help to those dealing with emotional distress and mental anxiety over the Coronavirus Pandemic at its website BeWellIndiana. There, Hoosiers are counseled that “… [o]ne of the best ways to cope throughout this crisis is by staying informed and taking care of yourself and others as safely as possible. To speak with someone directly about COVID-19, the Indiana State Department of Health (ISDH) COVID-19 Call Center is open daily from 8 a.m. to midnight ET: 877-826-0011.”
Illinois Hot Line for COVID-19 Emotional Distress
Illinois offers a similar public service at the Illinois Department of Human Services website, called “Call4Calm,” where anyone “… struggling with stress related to the COVID-19 pandemic and need emotional support, text TALK to 552020 for English or HABLAR for Spanish. This service is free and available 24 hours a day, seven days a week. People seeking assistance will remain anonymous and will provide only their first name and zip code, which enables the service to link you to a counselor in your area who is knowledgeable about available local resources.”
Emotional Distress Claims Brought By Cruise Ship Passengers Dismissed by California Federal Court
For passengers of the Grand Princess cruise ship, emotional distress resulted from the fear they had been exposed to the potentially deadly Coronavirus while onboard. They had reason to worry: among other things, the Princess Cruise Line had allowed these passengers to board the ship even though passengers exhibiting Coronavirus symptoms had disembarked the very same day.
The case was filed in a federal court in Los Angeles. The judge recently ruled against the cruise ship passengers, explaining his denial of their right to pursue emotional distress damages against the cruise line involved his belief it could “…inevitably lead to a flood of trivial lawsuits and open the door to unlimited and unpredictable liability.”
For more, see Weissberger v. Princess Cruise Lines Ltd., 2:20-cv-02267-RGK (USDA CDCA) (dec. July 14, 2020) and read “Court Rejects ‘Emotional Distress’ Claim in COVID-19 Cruise Case,” written by Christopher B. Kende and published by Seatrade Cruise News on July 16, 2020.
Of course, the plaintiffs have the right to appeal this decision to a federal appeals court. Additionally, independent cases seeking emotional distress damages filed in either Indiana or Illinois might have a different result, both at the state and federal level.
Coronavirus Emotional Distress Claims for Justice in Indiana and Illinois
Across the country, many other COVID-19 damage claims are being considered and Coronavirus injury lawsuits are moving forward based upon the emotional distress suffered by victims who are seeking justice from those responsible for their harm. The Weissberger damage claim described above is far from the only example of a case seeking emotional distress damages due to COVID-19 that will be filed.
For victims’ advocates helping those wronged in Indiana and Illinois, we are monitoring these cases even though many are being filed outside our federal circuit and state jurisdictions. One reason for this, of course, is because many COVID-19 cases are cases of “first impression,” where judges have not had to deal with a pandemic situation before.
COVID-19 Continuum of Damages: Emotional Distress to Fatal Injury
Another concerns the continuum of damages being presented. One end of the COVID-19 Damage Continuum involves cases such as the one described above, where fear alone and its resulting emotional distress is the cornerstone of the claim. Claims based upon the Coronavirus that seek solely emotional distress damages have yet to be litigated in the courts of Indiana and Illinois.
At the other end of the COVID-19 Damage Continuum will be the cases where it is obvious that a worker or a customer (client, patient, nursing home resident, etc.) contracted the Coronavirus and suffered severe or fatal bodily injury as a result. Given the accompanying bodily injuries, these COVID-19 victims will assert their emotional distress damages alongside other forms of damage (medical expenses, etc.). These cases, as well, will be litigated in the future under the laws of Indiana or Illinois.
For more on Coronavirus Claims, read:
- Coronavirus on the Job: OSHA Failing to Keep Workers Safe from COVID-19 but New Notice May Help Victims Prove Their Legal Claims
- Coronavirus Nursing Homes in Indiana and Illinois: Evictions, Improper Care and Treatment, and Federal Injury Claims
- Coronavirus Insurance Claims for Illness: Coverage for COVID-19 Bodily Injury and Claim Denials
- Coronavirus on the Job: Proving Employee Exposure Claims Against Employer for COVID-19 Injury.
If you or a loved one has suffered emotional distress connected with COVID-19 and been harmed as a result, then you may want to investigate the possibility of a legal claim for emotional distress damages under state or federal law. The Coronavirus Pandemic continues in our part of the country. Please be careful out there!
