Life doesn’t always hit hard with a visible bruise. Sometimes, the pain runs deeper than a cut or a broken bone. If you’ve ever been through a traumatic event—like a car accident, medical malpractice, or even witnessing something horrifying—you know that emotional wounds can be just as real and lasting as physical ones. But the big question is: can you sue for emotional distress in Arkansas?
The answer is yes—but with some important details and limitations.
Let’s walk through what emotional distress claims look like in our state, when they apply, and how to pursue them if you believe you’ve been wronged. As Arkansas personal injury lawyers, we’ve seen firsthand how emotional trauma can affect every part of a person’s life. So, let’s take this step by step.
Emotional distress is the mental suffering that results from a traumatic or disturbing experience. This can include:
These symptoms may come after an accident or act of negligence—and sometimes, they may be the most dominant injury someone walks away with. Just because there are no bandages doesn't mean the damage isn't real.
Here’s an example. A client once came to us after surviving a head-on collision caused by a distracted driver. Miraculously, she walked away with only minor scrapes—but weeks later, she couldn’t sleep. She avoided driving altogether. The fear lingered long after her bruises faded. That’s emotional distress.
In Arkansas, emotional distress lawsuits can fall under two categories:
This is when someone’s careless behavior causes emotional harm—even if they didn’t mean to.
However, Arkansas law is strict here: you usually have to have a physical injury or be in the “zone of danger” to claim emotional distress. That means you either suffered physical harm or were so close to the danger that you were at risk.
For example, if you were nearly hit by a drunk driver who veered into your lane, you might qualify for a claim—even if you weren’t physically struck—because you were in immediate danger and the incident caused emotional trauma.
On the other hand, if you heard about a tragedy later or saw it happen from a distance without being directly involved, it’s unlikely to qualify under negligent infliction.
Also known as “outrage” under Arkansas law, this applies when someone intentionally or recklessly causes severe emotional harm through outrageous conduct.
This type of case is harder to prove but can apply in extreme situations—like repeated harassment, abuse, or intentionally cruel behavior.
A classic example might be someone being stalked or threatened repeatedly, causing them severe anxiety and emotional trauma. Courts in Arkansas take these claims seriously—but they require very specific, extreme facts to move forward. You can learn more about Arkansas case law through resources like the Arkansas Judiciary Opinions Search.
To bring a successful emotional distress claim in Arkansas, you’ll need more than just your word (though your story absolutely matters). Here’s what typically helps:
At our firm, we take the time to gather all of this with you—step by step—because we know how tough it can be to relive painful events.
There’s no fixed amount for emotional distress damages. Compensation depends on how deeply the trauma has affected your life.
Arkansas juries (and insurance adjusters) typically consider:
In some cases, emotional distress is part of a larger personal injury case. For example, if you were in a crash that left you with physical injuries and anxiety behind the wheel, your emotional distress becomes a key part of your overall damages.
In other cases—especially in IIED claims—it may stand on its own.
In Arkansas, most emotional distress claims fall under the general three-year statute of limitations for personal injury, according to Ark. Code Ann. § 16-56-105. That means you generally have three years from the date of the incident to file a lawsuit.
But don’t wait that long. Emotional trauma cases can be complex, and the sooner you speak with an attorney, the better your chances of building a solid case with supporting documentation.
We hear this question a lot. Some folks feel like their pain isn’t “bad enough” to take legal action. Others worry it’ll be too hard to prove.
Here’s what we always say: your suffering is real, and your story matters.
If your emotional trauma is affecting your ability to function, enjoy life, or maintain relationships—then yes, it’s worth having a conversation with a compassionate attorney. You don’t need to navigate this alone.
At the Minton Law Firm, we’re not here to judge or minimize what you’re feeling. We’re here to listen, to support, and to fight for the justice you deserve.
Suing for emotional distress in Arkansas is possible—but it’s not simple. Whether it’s a part of a car accident claim, a premises liability case, or an intentional act of harm, the law recognizes that emotional pain is just as valid as physical injuries.
If you believe someone’s actions have caused you serious emotional harm, don’t hesitate to contact us today. We’ll walk you through your options and help you take the next steps—with compassion and clarity.
Call 501-222-HURT or request your free consultation. You deserve peace of mind—and we’re here to help you reclaim it.
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