When most people think about injuries from a car crash, broken bones, bruises, and physical scars often come to mind. But for many victims, the pain doesn’t stop at the physical. The psychological impact of an accident can be just as severe, and sometimes worse. It can last long after the bruises fade.
The short answer: Yes, you may be able to sue for emotional distress but it depends on several factors, including state law, the nature of your symptoms, and the evidence of emotional distress you can provide. If you’re dealing with anxiety from a car accident, depression, or even post-traumatic stress disorder after a crash, a Jersey City car accident lawyer may help to pursue pain and suffering compensation.
What is Emotional Distress?
Emotional distress refers to the psychological harm someone suffers after a traumatic event like a motor vehicle accident. This harm may take the form of anxiety, depression, insomnia, recurring nightmares, panic attacks, mood swings, or a reduced ability to function in daily life. In severe cases, victims develop PTSD or other diagnosable psychiatric disorders.
In the context of a car accident personal injury lawsuit, emotional distress is considered a type of non-economic damage. In other words, it’s not tied to medical bills or repair costs, but to your quality of life. Suing for emotional distress means holding the at-fault driver accountable for the unseen toll their negligence took on your mental well-being. They should be held accountable for their liability in the accident.
Is Emotional Distress Compensated in a Car Accident Claim?
Yes, it can be. Emotional distress falls under the broader category of pain and suffering which is difficult to be calculated as it falls under non-economic compensation. In many cases, you can pursue compensation for mental anguish in addition to your physical injuries. But while physical injuries can be documented with X-rays or surgery records, proving emotional suffering is more complicated.
Every state has different standards for filing a claim for psychological injury, so the success of your claim may depend on your ability to show real and lasting harm.
How to Prove Emotional Distress After a Car Accident
Even though emotional injuries are harder to see, they can be just as real as physical ones. To win your non-economic damages claim, you’ll need to support your case with solid evidence of emotional distress.
Medical Documentation
Your medical records are essential. If you’ve received a formal diagnosis of PTSD, depression, or anxiety following the accident, this will go a long way toward proving emotional suffering. Records from a psychologist, psychiatrist, or licensed therapist carry weight in litigation and can also support your claim for lost wages due to emotional distress. A personal injury lawyer may help you gather medical records and other evidence that may help in proving your claim.
Testimony From Mental Health Professionals
Statements from your treating professionals are often some of the strongest pieces of evidence. These experts can explain how the accident triggered your condition, whether your symptoms are consistent with trauma, and how your life has changed since the incident. This testimony might prove valuable to any settlement.
Your Statements and Journals
Don’t underestimate the power of your own voice. Personal statements, mental health journals, or logs detailing panic attacks, sleepless nights, or your struggle with daily tasks can support your case. These details provide insight into the psychological injury you’ve experienced.
Statements from Family, Friends, or Employers
Third-party observations can help paint a full picture of how your life changed after the accident. A coworker might attest to a decline in job performance. A spouse may note personality changes or emotional withdrawal. These statements back up your claim and help humanize your suffering in the eyes of the court or insurance company.
Call Our Accident Lawyer for a Free Case Consultation
The aftermath of a car accident is never easy, but it’s even harder when the emotional toll is invisible to those around you. If you’re suffering from car accident emotional trauma, it’s important to explore your legal options for emotional harm and act before the statute of limitations expires.
Our team at Omni Injury & Accident Law understands the full impact a crash can have on your life. Schedule a free consultation with our lawyers who may help you fight for the compensation you deserve.
FAQs About Emotional Distress Claims
If you’re considering legal action for emotional distress, understanding the legal requirements and your rights is essential. Below are answers to common questions about emotional distress claims after car accidents.
What counts as severe emotional distress?
Severe emotional distress often includes PTSD, panic attacks, deep depression, social withdrawal, and suicidal ideation. If your mental health has suffered significantly and you’ve needed treatment or medication—or if you can’t function as you once did—it may qualify as severe.
Do I need to show medical records or bills to prove emotional distress?
Yes. To strengthen your emotional distress claim, you should provide medical records and treatment bills. These will help quantify your psychological injury and show that you’ve taken the distress seriously enough to seek help.
Can I get lost wages if emotional distress keeps me from working?
If you’ve had to take time off, reduce hours, or quit a job due to anxiety from a car accident or related mental health conditions, you may be entitled to lost wages due to emotional distress. Make sure to document your employment history and any changes after the crash.
What if someone caused emotional harm on purpose?
In rare but serious cases, you may be eligible to file a claim for intentional infliction of emotional distress. This requires proof that the person’s behavior was extreme, outrageous, and intentional.