Can You Sue for Emotional Distress After an Accident?
After a car accident, the physical injuries may be obvious, but what about the emotional toll? Many accident victims suffer emotional distress that lingers far longer than any visible wound. Anxiety, panic attacks, and emotional trauma can disrupt daily life, interfere with work, and cause lasting psychological harm.
In New York, it is possible to sue for emotional distress after a car accident. Whether the distress stems from physical harm, the traumatic event itself, or negligent behavior by another party, you may be entitled to financial compensation for the mental suffering you’ve endured.
What Is Emotional Distress?
Emotional distress refers to the mental and emotional pain a person experiences as a result of a traumatic or harmful event. In the context of car accident claims, it often includes:
- Anxiety, depression, or panic attacks
- Emotional suffering due to serious injuries
- Sleep disturbances and fear of driving
- Post traumatic stress disorder (PTSD)
- Feelings of helplessness, anger, or sadness
- Emotional pain that interferes with daily life
Emotional distress claims are a recognized part of many personal injury lawsuits and may fall under non economic damages alongside pain and suffering.
Grounds for Emotional Distress Claims
You may pursue emotional distress damages in two primary ways:
- Intentional infliction of emotional distress – This occurs when the defendant’s behavior was extreme or outrageous, and deliberately caused harm.
- Negligent infliction of emotional distress – This happens when the defendant’s careless or reckless conduct caused emotional harm, even without physical injuries.
In most car accident cases, negligent infliction is the more applicable legal theory. The emotional distress must be significant, not just hurt feelings or temporary upset. It must be backed by medical records, a diagnosis from a mental health professional, or expert witness testimony.
Proving Emotional Distress in a Personal Injury Case
Proving emotional distress requires more than simply stating that you’re emotionally affected. The court will look for evidence such as:
- Medical diagnosis from licensed medical or mental health professionals
- Consistent documentation in therapy sessions or counseling
- Medical records showing ongoing psychological treatment
- Witness testimony from friends, family, or coworkers
- Changes in behavior or emotional well-being
- Connection between emotional distress and the defendant’s actions
Medical expenses and lost income tied to emotional or psychological injuries may also be considered as part of your claim.
Compensation for Emotional Distress
You may be entitled to seek compensation for emotional distress as part of your car accident lawsuit. This includes:
- Emotional distress damages for trauma or suffering
- Financial compensation for therapy or psychiatric care
- Non economic damages tied to mental anguish or emotional pain
- Recovery of lost wages if emotional suffering prevents you from working
- Additional compensation for emotional distress caused by physical injuries
The amount of compensation depends on the severity of your emotional suffering, the duration of your symptoms, and your attorney’s ability to demonstrate the impact of the accident on your life.
Insurance Company Challenges
Insurance adjusters often try to downplay emotional distress claims, especially if there are no visible injuries. They may argue that your emotional trauma is unrelated to the accident, or that it’s exaggerated.
This is why working with a personal injury lawyer is essential. A lawyer will gather evidence, coordinate with medical professionals, and negotiate with the insurance company to help you recover compensation for emotional distress.
Legal Support for Emotional Distress Claims
Every emotional distress case is different. Some involve severe emotional distress without physical injuries. Others combine mental anguish with long-term physical harm. Regardless of the circumstances, the legal process can be complex.
An experienced personal injury lawyer can help:
- File emotional distress lawsuits
- Prove the emotional distress was caused by the accident
- Demonstrate the defendant’s negligence or intent
- Estimate the financial and emotional impact of your suffering
- Handle negotiations with insurance companies
Whether you’re experiencing emotional distress after a minor crash or a traumatic brain injury, legal representation is vital in pursuing a fair outcome.
Learn more about whether you can sue for emotional distress after an accident. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward recovery and justice.
FAQ: Emotional Distress After a Car Accident
Can I sue for emotional distress without physical injuries?
Yes, in some cases. While physical injuries can strengthen a claim, courts do recognize emotional distress as a valid form of damage—even if physical harm is not present.
How do I prove emotional distress after a car accident?
You’ll need medical records, therapy notes, witness testimony, or expert evaluations that show your mental state has been affected by the accident.
Is emotional distress covered in a personal injury claim?
Yes. Emotional distress is typically part of non economic damages, which can be included in a broader personal injury lawsuit.
What is the difference between intentional and negligent infliction of emotional distress?
Intentional infliction involves extreme or outrageous behavior meant to cause harm. Negligent infliction results from careless or reckless actions that caused emotional suffering.
How much compensation can I get for emotional distress?
The amount varies based on the severity of your mental anguish, whether it’s supported by documentation, and the impact on your daily life.
What should I do if I’m experiencing emotional distress after an accident?
Seek professional help from a therapist or counselor. Keep records of your treatment, and contact a personal injury lawyer to understand your legal options.