Can I Sue for Emotional Distress After an Accident?

Emotional trauma is a real and lasting consequence of many catastrophic injury accidents, as well as less severe accidents such as dog bites. Courts recognize both mental and emotional suffering as part of a personal injury claim, including stand-alone emotional distress claims.

As usual, when it comes to legal matters, however, every case is different. The more you understand about how emotional distress claims work, the better your chances of obtaining a generous verdict or settlement.

What emotional distress really means in legal terms

In legal terms, “emotional distress” refers to the negative psychological impact of an injury or a traumatic experience. It can occur with or without physical injury, though in Washington, D.C., claims without physical injury face higher scrutiny and are typically limited to plaintiffs within the ‘zone of danger’ or involving exceptional circumstances.

Common accidents that trigger emotional distress

Certain types of mishaps trigger emotional distress reactions more readily than others. Some of the most common events that generate emotional distress include:

• Car crashes
• Pedestrian accidents
• Witnessing criminal acts of violence or a gruesome death
• Exposure to tragedies involving children
• Physical maladies such as traumatic brain injury
• Severe disfigurement, such as facial scarring

A myriad of other events have the potential to generate significant emotional distress.

How emotional distress shows up in everyday life

Emotional distress is more than an invisible psychological phenomenon–it produces identifiable symptoms. These symptoms can include anxiety, depression, PTSD, phobias, insomnia, night terrors, panic attacks, mood swings, and flashbacks.

The impact of emotional distress on your life can be debilitating. You might have trouble returning to work or even socializing. Chronic emotional distress strains your marriage as well as your social and family relationships. Overall, it degrades your overall quality of life, which can lead to further emotional distress in a vicious, self-reinforcing cycle.

Physical injury is not always required—but it does help prove your claim

Although it is possible to recover damages for pure emotional distress, your chances are better if your distress is accompanied by physical injury. Courts tend to raise the bar for compensation when you file a claim for emotional distress without proof of physical injury. That doesn’t make recovery impossible, however.

Understanding “negligent infliction of emotional distress”

Negligent infliction of emotional distress (NIED) occurs when someone’s careless conduct causes you serious emotional harm. No actual physical injury is required, but you must be present, closely related to the victim, and within the zone of danger.

Understanding “intentional infliction of emotional distress”

Intentional infliction of emotional distress (IIED) is similar to NIED. There is one critical difference—in IIED, the perpetrator must have acted intentionally or recklessly, not merely negligently. The conduct in question must be extreme and beyond human decency.

Examples of the kinds of evidence that support an emotional distress claim

It is a special challenge to prove emotional distress in the absence of physical injury. Useful evidence might include:

• Medical records from therapists and other mental health professionals
• Prescriptions for anxiety, depression, or insomnia medication
• Your own personal journal
• Testimony from loved ones
• Expert evaluations are prepared specifically for litigation

Why documentation makes or breaks your case

Courts respect documentation, and so do insurance companies, because courts and insurers need concrete proof, not just heartfelt testimony. Furthermore, consistent ongoing treatment indicates that your distress is serious.

On the other hand, gaps in care or the lack of any diagnosis at all will weaken your claim.

How emotional distress affects total compensation in a personal injury claim

If you suffer a physical injury, it may be accompanied by some form of emotional distress. In the context of a personal injury claim involving physical injury, D.C. law classifies emotional distress as a subset of the pain and suffering component of your damages. Pain and suffering damages are themselves a subset of the non-economic component of your personal injury damages.

Pain and suffering damages often add up to more than half the total value of a personal injury claim. Consequently, emotional distress, as an important component of pain and suffering damages, can constitute a significant proportion of the total damages that a court or an insurance company awards for a personal injury claim.

Factors that influence the value of emotional distress damages

Emotional distress damages can add up to a little, or they can add up to a lot. Some of the factors that influence the amount of your eventual compensation include:

• The severity and duration of your symptoms
• The impact of your distress on your daily activities, occupation, and personal/professional relationships
• The strength of supporting medical evidence and expert testimony

Many other factors might matter, depending on the specific facts of your case.

“Bystander” claims emotional distress

D.C. courts recognize special rules for “bystander claims.” Bystander emotional distress claims involve a victim who suffers emotional harm by witnessing injury or death to another person, not themselves. D.C. courts apply strict limits to bystander claims.

The D.C. Court of Appeals has held that for a bystander to recover for emotional distress, they must have also suffered a direct physical impact or injury themselves as a result of witnessing the harm to the victim.

Challenges in proving emotional distress

Emotional distress claims can be particularly difficult to prove because:

• The subjective nature of emotional distress makes such claims harder to quantify
• Insurance companies often downplay emotional distress claims
• Such claims often require expert testimony

Despite these difficulties, people file emotional distress claims every day.

Talk to someone who understands the full impact of your claim

Emotional pain can be just as serious as physical harm, if not worse. Imagine the difference between walking with a limp for the rest of your life and the pain of dealing with a debilitating phobia of cars. If someone else might be responsible for your distress, you don’t have to navigate the legal system alone.

Working with an experienced D.C. personal injury lawyer can make a huge difference because:

• Legal guidance helps you build a compelling case
• Attorneys routinely coordinate with mental health professionals
• A lawyer can help ensure that the opposing party properly values your emotional distress during settlement negotiations

Call Washington, D.C. personal injury law firm Nace Law Group or fill out our contact form to schedule a free case evaluation with one of our experienced personal injury attorneys.