In Texas, if you were involved in a car accident but were not physically injured in any way, the law says you can’t sue the other party for emotional distress. Deliberate infliction of emotional distress Lawyers argue that the person at-fault acted recklessly or purposefully. Florida law recognizes emotional distress when someone experiences mental suffering due … The lead case in Virginia is Womack v. Eldridge, 215 Va. 338, 210 S.E.2d 145 (1974), where the Virginia Supreme Court set out the elements: The Virginia Supreme . 1, Heldreth v. Heldreth, No. Bystander claims for intentional or negligent infliction of injury or death; emotional distress. If you do suffer emotional distress, we strongly recommend that you seek counseling from a mental health … It occurs when one person does something to cause severe emotional distress to another person. The case was sent to the Court of Appeals, which reversed the trial court's decision, and the Stepps then appealed the Court of Appeals ruling to the Supreme Court.