A car accident can cause more than just broken bones or bruises. Many people also suffer emotional pain that lingers long after the crash. These feelings can affect sleep, focus, and even relationships. While physical wounds may heal, the emotional ones can take much longer.
At Good Guys Injury Law, we understand how real this pain is. You don’t have to suffer in silence. If the crash left you with anxiety, fear, or sadness, you may have the right to seek compensation. Emotional injuries can be just as serious as physical ones, and the law allows you to make an emotional distress claim in many cases.
You may wonder how emotional pain fits into a legal case. We’re here to help explain how the law works, what proof is needed, and what steps you can take.
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What Is Emotional Distress?
Emotional distress is the mental or emotional pain you feel after something traumatic, like a car accident. It may include fear, stress, or sadness that doesn’t go away. Some people may cry often, lose interest in things, or feel nervous even in safe situations. These reactions are common, but they can take a serious toll on your health and daily life.
Unlike physical injuries, emotional pain doesn’t show up in X-rays or scans. But that doesn’t mean it’s not real. Courts recognize this kind of pain, especially when it affects work, family, or basic routines. Some people also need therapy, medication, or time away from work to recover.
If the emotional pain comes from the crash itself or physical harm, it may be part of a personal injury claim. That means you can ask for damages for emotional distress as part of your case. It just takes the right kind of proof.
Examples of Emotional Distress
- Anxiety – Feeling constant fear, worry, or panic after the crash
- Depression – Sadness, loss of interest, or hopelessness that affects daily life
- Insomnia – Trouble falling or staying asleep, often due to stress or nightmares
- Anger or irritability – Feeling angry more often or reacting strongly to small things
- Flashbacks – Reliving the crash through sudden memories or images
- Social withdrawal – Avoiding friends, family, or public places
- Mood swings – Sudden changes in emotion that feel out of control
- Fear of driving – Feeling unsafe behind the wheel or riding in a car
Is Emotional Distress Compensated in a Car Accident Claim?
It’s Part of “Non-Economic Damages”
Yes. When you file a personal injury claim, you can ask for money for both physical and emotional pain. The money for emotional pain is called emotional distress damages. These are different from medical costs or car repairs.
You don’t need to have serious injuries to make an emotional distress claim, but the case is stronger when there are clear physical injuries, too. Emotional pain is easier to prove when it follows visible harm, like a broken bone or concussion.
Insurance companies may push back on this part of the claim. That’s why proof is so important. If your pain is real and affects your life, the law gives you the right to seek compensation for it.
Available in Both Minor and Major Accidents
Even if your car accident wasn’t severe, emotional pain can still happen. A small crash can leave lasting fear. You might feel nervous on the road, have trouble sleeping, or start avoiding people. These are all signs of emotional trauma.
In big accidents with physical injuries, emotional pain is often more intense. Some people develop post-traumatic stress disorder or deep sadness that needs professional help. Whether the crash was small or large, emotional pain counts. The key is how it affects your life. If you’ve suffered emotionally, it should be part of your personal injury claim.
Impact on Work, Relationships, and Daily Life
Emotional distress doesn’t just stay in your head. It can hurt your job, friendships, and family life. You may miss work, stop seeing friends, or argue more with loved ones. Some people can’t focus or keep up with tasks they used to handle. Others feel tired all the time or lose interest in things they once loved.
These are signs of mental anguish that should not be ignored. If your emotional pain is changing how you live day to day, it’s worth including in your car accident claim. Courts consider how much your life has changed when deciding how much money you should get.
How to Prove Emotional Distress After a Car Accident
To win an emotional distress claim, you need proof. The clearer and more detailed your proof is, the stronger your case will be.
Medical Documentation
One of the best ways to prove emotional harm is through medical records. If you saw a doctor or therapist, ask for written notes. These can show symptoms like anxiety, sleep issues, or sadness. Keep records of your mental health treatment. That might include a diagnosis, prescriptions, or session notes.
These documents make it clear that your pain is real and not made up. Insurance companies often ask for proof. Medical documents are a strong way to support your case and show the emotional distress caused by the car accident.
Testimony From Mental Health Professionals
A therapist, counselor, or psychiatrist can speak on your behalf. Their expert opinion matters in an emotional distress claim. They can explain how the accident changed your mood, thoughts, and behavior.
A professional can also explain if you show signs of post-traumatic stress disorder, depression, or other conditions. Their words carry weight in court and with the insurance company. If you’re receiving care, ask your provider whether they can help with your case. They may write a letter or speak if needed.
Your Statements and Journals
Your own words can also help prove your pain. Keep a journal where you write about how you feel each day. Include things like anxiety, fear, or trouble sleeping. Talk about how the car accident changed your routine. Mention if you stopped driving, missed events, or started therapy.
These personal stories make your emotional trauma easier for others to understand. The more honest and detailed you are, the better. Your journal is your voice, and it can support your claim.
Statements From Family, Friends, or Employers
Others around you may have seen changes in your mood or habits. Their words can support your case. A friend might say you don’t laugh or hang out like before. A boss might say your work has suffered. A family member might share that you cry more or get upset easily.
These real-life stories show how emotional distress affects more than just your thoughts. They prove it impacts your actions and your life. These statements, along with your own and your doctor’s notes, can make a big difference in your emotional distress claim.
FAQs
Can I sue for emotional distress after a car accident?
Yes, you can sue for emotional distress if the accident caused serious mental pain. It can be part of a personal injury lawsuit, especially if there are accompanying physical injuries. If you also had things like anxiety, fear, or sadness after the crash, the law may let you seek money for that suffering.
What counts as severe emotional distress?
Severe emotional distress usually means emotional pain that goes beyond normal stress. It may include panic attacks, depression, nightmares, or long-term fear. These symptoms often affect your daily life, your job, and your relationships. Courts take it more seriously if there are also physical manifestations, like weight loss, headaches, or trouble sleeping.
Do I need to show medical records or bills to prove emotional distress?
While it’s not required, having medical bills or therapy records makes your case stronger. They help show that you took your mental health seriously and got help. If a doctor or therapist treated you, their notes can support your claim. These documents make it easier to show that your emotional distress was real and not exaggerated.
Can I get lost wages if emotional distress keeps me from working?
Yes. If your emotional distress stopped you from working, you may be able to get money for lost wages. This includes the pay you missed while recovering or getting treatment. You must prove that the distress directly affected your ability to do your job.
What if someone caused emotional harm on purpose?
If someone acted in a cruel or reckless way, it may count as intentional infliction of emotional distress. This is harder to prove, but it can be part of your case. It usually applies when someone’s actions are extreme and meant to cause harm. You will still need strong evidence to show how badly you were affected.
Call Our Utah Car Accident Lawyer for a Free Case Consultation
Emotional pain after a car accident is just as real as a broken bone or a hospital bill. You don’t need to go through it alone, and you don’t have to guess what your rights are. If the crash left you anxious, depressed, or scared, you may be able to sue for emotional distress and recover fair compensation.
At Good Guys Injury Law, we understand how hard it is to deal with this kind of pain. We’ve helped many people like you who didn’t know where to turn. Whether your distress came with physical injuries or not, our team will listen and help you build a strong case.
We offer a free case consultation to help you understand your options and next steps. There’s no pressure, just clear guidance. Call us today, and let’s talk about what you’re going through and how we can help.
