What requirement do most jurisdictions impose for emotional distress to be recoverable?

In many jurisdictions, the requirement for emotional distress to be recoverable often involves the manifestation of physical symptoms. This is rooted in the traditional view that emotional distress is difficult to quantify and prove, so courts will often look for some physical manifestation of that distress to establish the validity of the claim. For instance, a plaintiff might demonstrate that they experienced severe anxiety, depression, or other psychological issues that led to physical symptoms such as headaches or insomnia.

This requirement serves as a way to ensure that claims of emotional distress are grounded in tangible evidence, thus preventing frivolous lawsuits based solely on subjective feelings. By needing some form of physical manifestation, the legal system seeks to provide a more concrete basis for evaluating the severity and legitimacy of the emotional harm suffered.

Other options do not typically represent widespread requirements for recovering for emotional distress in tort law. Immediate financial loss pertains more to claims like negligence or breach of contract rather than emotional distress. Testimony from a psychological expert may be useful, but it is not universally required, as some cases can succeed without it, depending on the circumstances. Lastly, strong emotional attachment to the victim can influence the emotional distress claim but is not a formal requirement across jurisdictions. Therefore, the emphasis on physical symptoms aligns more closely with the established