Accidents don’t only leave physical scars. Victims often suffer emotionally long after the bruises heal. But can you legally seek compensation for emotional distress?
What Is Emotional Distress?
This includes:
- Anxiety or panic attacks
- Depression
- PTSD (Post-Traumatic Stress Disorder)
- Sleep disorders or nightmares
- Emotional numbness or fear of driving
Can You File a Lawsuit?
Yes. Most states allow compensation for emotional distress in personal injury cases, especially if it’s accompanied by physical injury.
Types of Claims:
- Pain and suffering: Emotional trauma from physical injury
- Negligent infliction of emotional distress (NIED): Emotional harm caused by someone’s carelessness
- Intentional infliction of emotional distress (IIED): If someone purposely caused emotional harm
Proving Emotional Distress:
- Testimony from a therapist or psychiatrist
- Prescription medication records
- Personal diary or journal entries
- Testimony from friends or family
- Medical records showing physical symptoms (e.g., ulcers, insomnia)
Challenges:
Emotional injuries are invisible, so documentation is crucial. Judges and juries may be skeptical without strong proof.
Tip:
Start mental health treatment early — it helps recovery and builds your case.