In the wake of a car accident, victims often face more than physical injuries; the emotional and psychological impact can be profound. Emotional distress claims allow those impacted to seek compensation for these intangible yet significant consequences. While physical injuries are easier to document and prove, emotional distress is complex, often requiring thorough legal understanding and specific evidence to ensure a fair settlement.
Here are the standards for claiming emotional distress after a vehicle accident and how these claims are handled in court.
Legal Standards for Emotional Distress Claims
In most car accident settlements, compensable damages typically include medical bills, lost wages, and property damage. However, emotional distress is also a recognized form of damage and falls under “non-economic damages.” To qualify for compensation under this category, victims must prove that psychological injuries are directly related to the accident.
Courts often require evidence demonstrating the severity and legitimacy of emotional trauma. Common examples include anxiety, depression, post-traumatic stress disorder (PTSD), or phobias developed after the accident. To establish these injuries, claimants generally need a diagnosis from a mental health professional and a detailed explanation of how the accident contributed to these psychological effects.
Proving Emotional Distress
Since emotional distress is intangible, proving its existence requires unique documentation and expert input. A variety of factors can impact the legitimacy of an emotional distress claim.
- The Severity of the Accident: A more serious accident with life-threatening or disabling injuries is more likely to result in an emotional distress claim. The courts tend to view distress caused by extreme trauma or near-death experiences as more compelling.
- Type and Duration of Symptoms: A claimant’s emotional distress should be more than temporary stress or worry. Symptoms should last beyond a few days or weeks, affecting daily life, work, or relationships. Documented long-term symptoms of anxiety, sleep disorders, panic attacks, and changes in behavior are typically strong indicators of emotional distress.
- Professional Diagnosis: A medical or mental health professional must validate the psychological harm suffered. Diagnoses of PTSD, anxiety disorders, or depression that directly connect to the accident can significantly strengthen a claim.
- Credibility and Consistency: Courts and insurers may consider whether the emotional distress claim aligns with other documented aspects of the victim’s injuries. A credible, consistent narrative from the victim, supported by medical records and mental health assessments, is essential to a successful emotional distress claim.
How Emotional Distress is Compensated in Court
In an accident claim settlement, emotional distress compensation is usually included as part of non-economic damages. Factors that influence the amount awarded include the severity of symptoms, the impact on the victim’s life, and the duration of psychological harm. In severe cases, where victims may suffer from permanent trauma or inability to work, courts may award higher settlements to cover ongoing therapy or rehabilitation costs.
Additionally, some jurisdictions allow for “pain and suffering multipliers” in personal injury cases. These multipliers apply to economic damages, such as medical bills, and help estimate the value of non-economic damages like emotional distress. For instance, if the multiplier is set at 1.5 to 5, the victim’s total economic damages are multiplied by this factor to arrive at a fair amount for emotional distress compensation.
If you or a loved one have been affected by an accident and want to file an emotional distress claim, get started with Marquez Law Office. Our team is prepared to help you navigate accident claim settlements, advocate for your rights, and pursue a fair outcome.
Contact us to speak with a knowledgeable car accident attorney and begin your journey to comprehensive recovery and justice.