Legal Grounds For Emotional Distress
Exploring the Legal Grounds for Emotional Harm in Tort Law and a Case Study of One Woman’s Lifelong Struggle. When love turns into trauma, the emotional fallout can last a lifetime. For some, the mental scars never fully heal. But what happens when that pain becomes so profound that it leads to long-term mental illness and even disability? Can the person responsible be held legally accountable, even decades later?
This is a question tort law in the UK wrestles with — balancing personal accountability with evidential limitations.
Case Study: Sarah’s Story (Name changed for privacy reasons).
Love can be healing — but when it ends abruptly or traumatically, it can become the root of lasting emotional damage. In a world increasingly aware of mental health, the question arises: can someone be held legally accountable for the emotional devastation they’ve caused, even decades after the fact?
One woman’s story — though anonymized — echoes the silent suffering of many. Sarah (not her real name) was only 22 when her life was turned upside down by the sudden and devastating end of a long-term relationship. What began as heartbreak spiraled into something far more serious. Sarah began experiencing flashbacks, panic attacks, deep emotional numbness, and persistent anxiety — all hallmarks of Complex Post-Traumatic Stress Disorder (C-PTSD).
She struggled to trust again, avoided relationships, and eventually found herself increasingly isolated. Over the years, Sarah’s mental health deteriorated to the point where she was unable to sustain regular employment. Her condition is now formally recognized as a disability, deeply affecting her day-to-day life.
“I don’t hate him,” she says of her ex-partner. “But I do believe that what happened that day changed the course of my life. I was never the same again.”
What the Law Says About Emotional Harm
In UK law, tort — particularly negligence and intentional infliction of emotional distress — offers a pathway for individuals to claim damages where they have suffered a recognised psychiatric injury due to another’s actions.
To succeed in a tort claim, the claimant must generally prove:
- The defendant owed them a duty of care;
- That duty was breached;
- The breach caused foreseeable harm; and
- The harm is a recognised psychiatric condition, such as PTSD.
In Sarah’s case, the emotional abandonment and distress were so severe that her trauma met the medical criteria for Complex PTSD. Her GP and mental health specialists have consistently recorded her struggles across nearly four decades — a crucial factor in any legal proceedings.
Can You Claim Compensation So Long After the Event?
Under the Limitation Act 1980, most personal injury claims must be brought within three years of the date of injury or knowledge of injury. However, in cases where the claimant has a long-term mental illness or disability, the limitation period may be extended — or may not apply at all until the person is deemed capable of managing their own affairs.
This means that individuals like Sarah, whose condition has been persistent and disabling, may still be able to bring a claim — particularly if there is documented evidence showing a causal link between the traumatic event and their mental health deterioration.
Should Emotional Abandonment Be Punishable?
This is a growing ethical and legal question. While the breakdown of relationships is generally seen as part of life, there’s increasing recognition that some breakups — especially where there’s manipulation, gaslighting, or cruelty involved — can cause long-term psychological harm.
In such cases, the law may consider:
- Was there emotional abuse or coercion?
- Did the partner act in an extreme and outrageous manner?
- Is there a clear and ongoing pattern of harm?
If these elements are present, damages may be awarded, not only to help cover therapy and lost income but also as a form of accountability.
Breakups, Divorce, and Lingering Pain: A Guide to Healing When Time Hasn’t Helped
What To Do When the End of a Relationship Still Haunts Your Mental Health Years Later. Breakups, whether from a short-term relationship, an engagement, or a marriage, can be emotionally devastating. The end of a meaningful connection often shakes your identity, routine, and sense of security. While many people begin to feel better with time, others find themselves haunted by the emotional aftermath years — even decades — later.
This guide offers support for anyone struggling to heal, especially when traditional help from a GP or therapist feels like it’s not enough
If you’re in the Immediate Aftermath of a Breakup, Divorce, or Separation
Whether you’re ending a marriage, a long-term relationship, or an engagement, here are some first steps to take:
💔 1. Protect Yourself Legally and Financially
- Seek legal advice if you’re divorcing or separating with shared assets, children, or a home.
- Ensure your name is removed from joint accounts and contracts if needed.
- Take time before signing any agreements, especially if you’re emotionally fragile.
🛡️ 2. Establish Emotional Boundaries
- Go “no contact” or reduce contact to the bare minimum if it’s too painful to engage.
- Block or mute social media profiles to avoid being triggered by their updates.
🧘 3. Prioritise Immediate Self-Care
- Eat, hydrate, and rest, even if you don’t feel like it.
- Allow yourself to grieve — crying, journaling, or talking to someone you trust is not a weakness.
If Years Have Passed and You’re Still Struggling Emotionally
Sometimes you “move on” in practice — you find a new partner, you build a new life — but the emotional trauma lingers in the background. This is especially true if the breakup was:
- Sudden or traumatic
- Emotionally abusive or manipulative
- Connected to unresolved childhood trauma or abandonment issues
Here’s what you can do beyond the GP route:
1. Recognise It’s Not Just About Time
Time doesn’t heal everything. Healing is an active process. If you’ve carried the same emotional burden for decades, it may be time to explore new forms of healing:
- Trauma-informed therapy (C-PTSD, EMDR, somatic therapy)
- Inner child work
- Relationship-based counselling, even years after the breakup
2. Create a Personal Narrative That Makes Sense
Your brain might still be trying to “solve” what happened. Writing down your version of events, how it changed you, and what lessons you’ve learned helps reclaim your story.
📖 Tip: Try writing a letter to your past self. Be kind. Then write one to the person who hurt you — you don’t have to send it.
3. Reconnect with the Version of You That Was Lost
Breakups often fracture your identity. Ask yourself:
- Who was I before this relationship?
- What did I lose?
- What part of me still needs attention, validation, or love?
Start re-engaging with the parts of yourself that were put on hold. Hobbies, dreams, friendships, and even style choices.
4. Find Safe Spaces to Be Heard
Join online or in-person support communities. Sometimes speaking with others who’ve lived through the same kind of grief and healing provides more than a therapist can.
🗣️ You might explore:
- Survivor forums
- Divorce recovery groups
- Women’s mental health circles
- Long-term trauma support networks
5. Explore Alternative Therapies That Focus on Release
If talking hasn’t worked, try body-based or energy-focused therapies:
- EFT (Emotional Freedom Technique)
- Reiki or craniosacral therapy
- Art or music therapy
- Breathwork sessions
- Mindfulness and trauma-informed yoga
These help you release trauma that may be stored in the body, not just the mind.
6. Consider Legal Reflection (Optional)
If your mental health disability is clearly linked to traumatic emotional harm, it may be worth reviewing legal accountability under tort law. This isn’t always about revenge — it’s about recognition and justice. Especially if:
- There was coercion or emotional abuse
- You have decades of medical history linked to the event
- The trauma impacted your ability to earn, parent, or function
Consult a solicitor for advice if this route feels aligned with your experience.
Final Thoughts: You Deserve Peace
Even if others say “It was so long ago” — your pain is still real. Your nervous system may have held onto that trauma as a silent passenger all these years. But healing is not a deadline — it’s a journey.
Sarah’s story is one of quiet endurance — a life altered by trauma that many might dismiss as “just heartbreak.” But when heartbreak becomes a life sentence, the law must adapt to recognise emotional injury for what it is: real, disabling, and worthy of redress.
As awareness grows and mental health is better understood, cases like Sarah’s could one day set the legal precedent for others to follow — giving victims of emotional trauma not just closure, but justice.

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Andrew Jones is a seasoned journalist renowned for his expertise in current affairs, politics, economics and health reporting. With a career spanning over two decades, he has established himself as a trusted voice in the field, providing insightful analysis and thought-provoking commentary on some of the most pressing issues of our time.