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:
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Anxiety or panic attacks
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Depression
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PTSD (Post-Traumatic Stress Disorder)
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Sleep disorders or nightmares
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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:
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Pain and suffering: Emotional trauma from physical injury
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Negligent infliction of emotional distress (NIED): Emotional harm caused by someone's carelessness
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Intentional infliction of emotional distress (IIED): If someone purposely caused emotional harm
Proving Emotional Distress:
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Testimony from a therapist or psychiatrist
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Prescription medication records
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Personal diary or journal entries
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Testimony from friends or family
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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.
