To sue for emotional distress, evaluate the type of legal claim that you have. Once you identify that type of legal claim, state it in your complaint for compensation. File the complaint with the court. Take the necessary steps to determine what the case is worth. Gather the evidence to prove the case and continue with steps in the legal process. You may have the opportunity to settle with the other party, or you will need to take the case to trial to sue for emotional distress.