Can You File a Claim for Emotional Distress After a Car Accident?
When you think about the harm caused by a car accident, you probably picture the visible injuries first. Things like broken bones, cuts, and bruises are easy to see and understand. But some of the most serious and long-lasting injuries are the ones you cannot see. The persistent fear that grips you when you get behind the wheel, the sleepless nights filled with nightmares of the crash, and the constant anxiety that follows you throughout the day are all very real injuries.
The law recognizes that your emotional and psychological well-being is as important as your physical health. Under certain circumstances, you can file a claim and get compensation for this emotional distress.
The process for doing so, however, requires meeting specific legal standards. It is not enough to simply say you were upset by the crash. You need to show that your emotional trauma is a direct result of the other driver’s negligence and that it meets the requirements set out by the courts in your state. An experienced car accident attorney can explain your rights and build a case to secure the compensation you deserve for all your visible and invisible injuries.
SCHEDULE A FREE CONSULTATION TODAY
Why Your Emotional Health After a Crash is a Serious Injury
It is a mistake to think of emotional distress as somehow less serious than a physical injury. The mind and body are deeply connected, and the trauma of a violent car wreck can have profound and lasting effects on your brain and nervous system. When you experience a terrifying event, your brain can get stuck in a state of high alert, a survival mechanism that does not turn off. This is not a sign of weakness; it is a recognized medical condition. According to the federal government’s page on Trauma and Violence, traumatic events can lead to long-term reactions and a host of emotional challenges.
What Does “Emotional Distress” Mean in a Legal Claim?
In a personal injury claim, “emotional distress” is a broad term that covers a range of serious psychological conditions that a traumatic event can cause. Your suffering must be more than simple, temporary sadness or anger to have a successful claim. It generally must be a severe and lasting condition that can be identified and diagnosed by a mental health professional. A lawyer who handles car accident claims works to show how the trauma of the crash led directly to one or more of these specific conditions.
Post-Traumatic Stress Disorder (PTSD) from a Traumatic Car Wreck
Post-Traumatic Stress Disorder, or PTSD, is a serious mental health condition that can develop after a person experiences or witnesses a terrifying event. Car accidents are one of the leading causes of PTSD in the general population. According to the American Psychiatric Association, people with PTSD have intense, disturbing thoughts and feelings related to their experience that last long after the traumatic event has ended.
Many people with post-accident PTSD go to great lengths to avoid driving or even being a passenger in a car. To learn more about this condition, the National Institute of Mental Health (NIMH) page explaining Post-Traumatic Stress Disorder (PTSD) is an excellent resource.
Debilitating Anxiety and Panic Attacks
It is normal to feel anxious after a car accident. But for some people, this feeling does not go away. It can grow into a constant state of worry and fear known as generalized anxiety disorder. This is more than just feeling nervous; it is a persistent sense of dread that can interfere with every part of your life. The anxiety can be so severe that it leads to panic attacks, which are sudden episodes of intense fear that trigger severe physical reactions when there is no real danger.
Symptoms of a panic attack can include a racing heart, shortness of breath, chest pain, and a feeling of being out of control. Getting into a car or thinking about the accident can trigger these attacks. The fear of having another panic attack can lead people to avoid situations where they might feel trapped, further limiting their lives. The Anxiety & Depression Association of America (ADAA) provides extensive resources on these conditions.
Depression Resulting from an Accident and Its Aftermath
Depression is another common but serious emotional injury that can follow a car wreck. Other consequences of the accident often trigger the development of depression. If you are dealing with chronic physical pain from your injuries, it can take a huge toll on your mental health. A study published in the medical journal The Lancet has shown a strong link between physical injuries and the later development of depression.
The financial stress from being out of work and facing mounting medical bills can also contribute to feelings of hopelessness. Furthermore, suppose your injuries prevent you from working, caring for your family, or participating in hobbies you once enjoyed. In that case, it can lead to a loss of identity and purpose, which are major risk factors for depression. This is not just “feeling sad.” It is a clinical condition that often requires professional treatment to overcome.
Developing New Phobias, Like a Fear of Driving
A traumatic event can cause a person to develop a powerful and irrational fear of a specific object or situation. After a car accident, the most common phobia to develop is amaxophobia, which is an intense and debilitating fear of driving or being a passenger in a vehicle. For someone with this phobia, the thought of getting into a car can cause overwhelming anxiety.
This condition can severely limit a person’s independence. It can make it impossible to get to work, go to the grocery store, or visit friends and family. A person’s world can become very small as they try to avoid the source of their fear. People may also develop other phobias, such as a fear of leaving the house (agoraphobia) or a fear of enclosed spaces, if the crash left them trapped in their car. Research from organizations like the Association for Psychological Science has helped explain how these phobias take root after a traumatic event.
Understanding the Legal Rules for an Emotional Distress Claim
You cannot get compensation just by telling a court that you were upset after an accident. Your claim must fit into a specific legal framework for a successful case. The law in most states has strict rules about when a person can sue for emotional distress to prevent a flood of claims for minor emotional upsets. An experienced car accident attorney can analyze the facts of your case to see if you meet these standards.
What is Negligent Infliction of Emotional Distress (NIED)?
Most emotional distress claims fall under a legal theory known as Negligent Infliction of Emotional Distress, or NIED. This is a type of personal injury claim that says another person’s carelessness caused you to suffer severe emotional trauma. To win an NIED claim, you generally have to prove that the other driver was negligent, that you suffered severe emotional distress, and that the other driver’s negligence was the cause of your distress. The biggest challenge is often showing that your situation fits one of the specific scenarios the courts have said are valid for an NIED claim.
The “Impact Rule”: You Were Physically Involved in the Crash
The oldest legal standard for emotional distress claims is the “impact rule.” Traditionally, this rule stated that you can only recover damages for emotional distress if you also suffered a direct physical impact in the accident that caused a physical injury. The idea was to prevent people scared by a near-miss from filing lawsuits.
Over time, the courts have softened this rule. The key is the fright and shock from the collision itself. The modern version of the impact rule in many states holds that you can file a claim for emotional distress if you suffered any physical impact in the crash, even if that impact did not result in a visible physical injury.
For example, if you were in a car hit by another vehicle, the force of that collision is the “impact.” The shock and fear from that event can be the basis for an emotional distress claim, even if you walked away without a scratch.
The “Bystander Rule”: When You Witness a Loved One Get Seriously Hurt
What happens if you were not in the car yourself, but you watched in horror as a loved one suffered a severe injury in a crash? The law recognizes that this experience can be just as traumatic, if not more so, than being in the accident yourself. This is why the courts created a major exception to the impact rule, often called the “bystander rule.”
This rule allows someone who wasn’t physically injured to sue for emotional distress if they witnessed a close family member get hurt. A person must prove three things to have a successful bystander claim:
- You were physically close to the accident scene: You do not have to be in the zone of physical danger yourself, but you have to be close enough to have a clear view of what happened.
- You experienced serious emotional shock from directly seeing the accident happen: The shock must come from witnessing the event with your own eyes, not from hearing about it later.
- You have a close, personal relationship with the victim: In most cases, you must be an immediate family member, such as a spouse, parent, or child of the person who suffered an injury.
For example, if a mother stands on a street corner and sees her child get hit by a car in the crosswalk, she can file a valid bystander claim for severe emotional trauma, even though the car never touched her.
How Do You Prove an “Invisible” Injury Like Emotional Distress?
One of the biggest challenges in an emotional distress claim is proving that your injury is real. Because there are no X-rays or blood tests for PTSD or anxiety, insurance companies are often very skeptical of these claims.
Building a strong case requires gathering specific evidence to document your suffering and connect it directly to the car accident. A car accident lawyer knows how to assemble the evidence needed to make your invisible injury visible to an insurance company or a jury.
Why Medical Records and a Formal Diagnosis are Key
The most important step you can take to protect your health and your legal claim is to seek professional help for your emotional struggles. The records from your treatment with a psychiatrist, psychologist, or therapist will become the foundation of your case. These records create a timeline of your symptoms and your treatment.
Even more important is getting a formal diagnosis for your condition, such as PTSD, generalized anxiety disorder, or major depressive disorder. A diagnosis from a qualified medical professional is powerful evidence that your suffering is real and recognized by the medical community. The connection between brain injuries and emotional distress is also well-documented by groups like the Brain Injury Association of America.
Why You Need an Attorney Who Understands Emotional Distress Claims
Insurance companies are in the business of paying as little as possible on claims. They are especially skeptical of injuries they cannot see. When you file a claim for emotional distress, you can expect the insurance adjuster to fight back hard. They will likely argue that your distress is not as severe as you claim or is not real.
A common tactic is for insurance companies to demand access to your medical history. They will search for any evidence of a pre-existing condition, like prior treatment for anxiety or depression, and try to argue that your current problems are not from the car accident. They may hire their doctor to review your records and say that your condition is exaggerated.
A skilled lawyer can present a compelling story to an insurance company or a jury that shows the true, human impact of your trauma and fights for the compensation you need to recover. And remember, you have a limited amount of time to act, as every state has a statute of limitations for personal injury, which sets a strict deadline for filing a lawsuit.
Contact a Car Accident Injury Lawyer Today
Your emotional well-being after a serious car accident is as important as your physical health. You do not have to suffer in silence and should not bear the financial burden of your recovery alone. If you are struggling with the emotional trauma of a crash caused by someone else’s negligence, you may have the right to seek compensation.
Contact an experienced car accident attorney today to learn about your legal options. A consultation is free and completely confidential. Taking this step begins the process of securing the support you need and the justice you deserve.