Emotional distress is a form of mental suffering that develops as a response to a traumatic experience such as a car accident.
The symptoms of emotional distress include:
- Anxiety
- Depression
- Guilt
- Insomnia
- Fatigue
- Flashbacks
- Headaches
- Weight gain / weight loss
- Unexplained (and frequent) crying
Emotional distress doesn’t always accompany physical injuries. You could suffer from mental distress (in the form of PTSD, depression or anxiety) without if you were not injured from the car crash. If you’re involved in a collision with an uninsured driver, consult your lawyer to explore options for compensation and navigating the legal process.
Can I Sue for Emotional Distress?
Proving emotional distress in the court of law can be challenging. You need to demonstrate that the suffering was a direct result of another person’s negligence. Basically, you need to establish a clear and strong link between the car accident and the trauma that you’ve suffered.
Negligence is one of the common grounds for pursuing an emotional distress claim. When a person fails to act with reasonable care resulting in harm, this is considered negligence.
For car accidents, acts of negligence include running a red light, distracted driving or driving under the influence. If it can be proven that the at-fault driver’s negligent behavior led to the accident which subsequently caused you to suffer from emotional distress, you may be able to claim for compensation.
Intentional Infliction of Emotional Distress (IIED)
Although rare, a car accident may involve recklessness and intentional harm on the part of the at-fault party. Intentional infliction of emotional distress (IIED) allows people to seek compensation if they were a victim of extreme behavior that triggered severe emotional distress. Some examples of IIED are aggressive driving and road rage.
Impact on Daily Life
When seeking compensation for emotional distress, you need to provide sufficient evidence of its impact on your day to day living. You may show proof of anxiety attacks, behavioral changes, sleep disturbances, attending therapy sessions, or a medical diagnosis of PTSD.
Due to its nature, you need to provide as much evidence as possible so you can sufficiently support your claim. If you have a therapist, then perhaps you can get a testimony or statement from them. You can also show prescriptions, medical reports and data from sleep trackers/fitness trackers to show how your sleep patterns, heart rate, breathing, etc have changed since the accident.
Filing an Emotional Distress Lawsuit
Before filing a claim, understand that each state has its own statute of limitations. Some may be 5 or 6 years but others only have a 1 to 2-year limit. Here’s how you can file an emotional distress lawsuit:
1. First you need to document your experience with this condition.
Write down the symptoms and how often you have them. Take note of how it has affected your life and that of your family. Also, keep a record of your treatments, medications and medical reports.
2. Talk to a lawyer.
An experienced personal injury attorney should be able to evaluate the evidence you have and let you know whether you have a case or not.
3. Prepare for the pre-trial.
The next step is to file a complaint for intentional infliction of emotional distress. The at-fault party will be served a copy of the complaint and then preparations – including discovery – commence.
4. Trial and settlement.
During the trial, your lawyer will present all evidences to support your case. The defendant will also present their counter-claims. At any time during the trial, there may be a settlement offer. The defendant may try to negotiate a settlement but if no agreement is made, then you’ll have to await the verdict.
Proving Emotional Distress in Court
Proving emotional distress in court is no easy task, but it’s doable. Here are some things that can help:
Related Physical Injury
If you’ve suffered a physical injury along with emotional trauma, it can strengthen your case.
Severity of Distress
If it significantly impacts various aspects of your life like your relationships, work, and hobbies, it can support your claim.
Witnesses and Evidence
Testimonies from witnesses, like a therapist, can greatly support your case. Other things like missed workdays, counseling bills, and statements from friends and family are also helpful.
Duration and Progression of Symptoms
Showing signs of depression or PTSD can be particularly convincing.
Proving Causation
It’s crucial to establish a clear link between the actions of the responsible party and your emotional distress. Demonstrating how their negligence or deliberate behavior directly caused your suffering is key to winning your claim.