Car accidents shatter lives in ways that extend beyond physical harm. You may feel anxious, relive the crash in nightmares, or struggle to drive again. These emotional wounds can disrupt your daily life as much as a broken bone.
At Johnson, Johnson, Whittle, Lancer, & Staggs, we understand a car accident takes. This blog post explains when you can sue for emotional distress after a car accident.
We also detail the steps to building a strong personal injury claim. As Aiken car accident lawyers, our goal is to help you deal with the aftermath of a car accident and secure the compensation you deserve for emotional distress.
What is Emotional Distress in a Legal Context?
Emotional distress refers to mental suffering caused by a traumatic event, such as a car accident. You might experience insomnia, fear of driving, or flashbacks to the crash. Anxiety, depression, or mood swings often follow such incidents.
In legal terms, emotional distress claims fall into two categories:
Negligent Infliction of Emotional Distress (NIED)
This occurs when someone’s careless actions, such as reckless driving, cause your suffering. NIED involves another party’s negligence, which leads to emotional distress.
Intentional Infliction of Emotional Distress (IIED)
IIED involves deliberate acts meant to harm you emotionally. Actions such as someone falsely accusing you of a crime fall under this category.
Both claims require proof of significant mental impact. South Carolina courts recognize these claims, but each case demands clear evidence. Our personal injury lawyers can help you document emotional distress to meet SC legal standards.
Can You Sue for Emotional Distress Alone?
You can sue for emotional distress without physical injuries, but it’s challenging. Courts often favor cases with physical harm because it strengthens a car accident claim. For instance, a concussion paired with anxiety shows a clear link to the accident.
Some states may require you to witness a traumatic event to qualify for emotional distress damages. If you saw a loved one injured, you might qualify for an NIED claim.
Emotional distress also fits into broader pain and suffering damages. These claims cover mental anguish alongside physical pain. Proving standalone emotional distress requires strong evidence. Our experienced legal team will guide you through the process to maximize your chances of recovering compensation.
Proving Emotional Distress After a Car Accident
Proving emotional distress demands solid evidence to convince insurers or courts. Medical documentation is important. Visit a psychologist or psychiatrist for a formal diagnosis. Therapy records or prescriptions for anxiety medication strengthen your case.
Personal records also help. Keep a journal detailing your struggles, such as sleepless nights or panic attacks. Statements from family or friends who notice changes in your behavior add weight.
Expert testimony from mental health professionals can clarify the extent of your distress. You must also show how distress disrupts your life. For instance, missing work or avoiding social events demonstrates impact.
At JJWLS, our skilled car accident attorneys meticulously compile this evidence. Our client-focused approach makes sure every detail supports your emotional distress claim.
What Kind of Compensation Can You Receive?
Compensation for emotional distress falls under non-economic damages. This covers pain and suffering from mental trauma. You may also claim loss of enjoyment of life. For instance, if you no longer enjoy hobbies due to anxiety, you deserve compensation.
The amount depends on the severity and duration of your distress. Courts consider how deeply it affects your daily functioning. A well-documented case with expert support can yield significant awards.
South Carolina law allows these damages in car accident cases. However, calculating non-economic damages is complex. We fight to help you receive fair compensation.
Challenges in Emotional Distress Claims
Emotional distress claims face unique hurdles due to their subjective nature. Unlike a fractured arm, mental suffering lacks visible proof.
Insurance companies often exploit this to downplay your claim. They may argue that your distress is minor or unrelated to the accident. Skeptical adjusters demand extensive evidence to take claims seriously.
You need medical records and expert testimony to counter this. Personal accounts also help.
Weak documentation can sink your case. Courts require clear proof of severe impact. This high evidence burden frustrates many victims. Our personal injury attorneys know how to overcome these challenges. We build solid cases to defeat insurance tactics.
How a Car Accident Lawyer Can Help
A skilled lawyer transforms your emotional distress claim into a strong case. At JJWLS, our reliable legal team starts by evaluating your claim’s viability under South Carolina law.
Next, we gather evidence such as medical records and expert opinions. Our attorneys organize these documents to present a compelling argument. We can also secure witness statements to show the impact of your emotional distress.
If insurers offer unfair settlements, we negotiate aggressively. We are also ready to take your case to court to fight for justice. Our experience helps us fully account for all damages, including emotional trauma.
You don’t have to face this alone. Our dedicated attorneys stand by your side every step.
Contact Us Today to Discuss Your Car Accident Case
Emotional distress after a car accident is real and deserves recognition. You may feel overwhelmed or unable to enjoy life as before.
South Carolina law allows compensation for this suffering. However, success requires strong evidence and legal expertise. Medical records, personal accounts, and expert testimony build a solid case.
At Johnson, Johnson, Whittle, Lancer, and Staggs, we can help you with every step of the claims process. We will handle insurance negotiations on your behalf and litigate in the courts to secure the compensation you deserve.
Don’t let emotional trauma go unaddressed. Contact us today at (803) 649-5338 for a free consultation. Let’s discuss your rights and options moving forward.
