When you hear “car accident,” you probably think of physical injuries like broken bones, sore necks, and maybe some cuts and bruises. But for many crash survivors, the pain goes deeper than what doctors can see on a scan. The emotional aftermath can be just as overwhelming.
So, if you’re mentally and emotionally struggling in addition to being physically shaken, can you sue for emotional distress after a car accident?
The short answer is yes, you can. But it’s not always straightforward for you and your car accident lawyer in New York to prove emotional distress. This trauma is very real, but proving it in court can be more complicated than showing a physical injury.
Let’s walk through how emotional distress claims work in New York and what you should know.
Understanding Emotional Distress After a Car Accident
Even if you weren’t seriously hurt physically, the trauma of the accident can stay with you. Transportation research from the International Association of Applied Psychology strongly correlates car accidents with symptoms ranging from temporary anxiety to long-term mental health disorders.
Some of the most common signs and symptoms of post-accident psychological distress include post-accident anxiety, PTSD, nightmares, mood swings, depression, and emotional withdrawal. You might find yourself feeling jumpy in traffic, having trouble sleeping, or reliving the crash when you least expect it.
According to the Association for the Advancement of Automotive Medicine, car accidents are the most common cause of PTSD in adults, with upwards of 46% of motor vehicle accident survivors developing symptoms. Another study published in Frontiers in Psychology found that up to 53% of accident victims experience significant emotional distress after a crash. These side effects can impact every area of a person’s life, including work, relationships, and overall well-being.
Can I File Suit for Emotional Distress After a Car Accident?
You may include emotional distress in your personal injury claim, but your success depends on the details. New York courts usually require proof that someone else’s negligence caused your distress and medical records documenting your emotional distress.
If you don’t have any physical injuries from the accident, a New York car accident lawyer can review the facts of your case. If the circumstances are particularly extreme or egregious enough to result in significant emotional suffering, that may be enough to warrant a compensation claim.
How Do You Prove Emotional Distress After a Car Accident?
One of the biggest challenges in pursuing these claims is proving your emotional distress after a car accident. Unlike a broken arm, emotional trauma is not visible on an X-ray. So, how do you demonstrate that the effects of the accident are impacting your daily life?
There are a few ways you might be able to show what you’re going through:
- Medical and psychological records. Seeing a therapist, psychiatrist, or primary care physician for your depression after a crash creates a paper trail that can support your claim.
- Diagnosis of a mental health condition. Conditions like PTSD, depression, or generalized anxiety disorder may be diagnosed and treated after the accident.
- Medication history. If a physician prescribed antidepressants or anti-anxiety medication following the crash, that can serve as evidence of distress.
- Testimony from mental health professionals. Expert opinions from therapists or psychologists can help establish the severity of your condition.
- Personal journals or witness statements. Writing about your experience or having friends and family testify to changes in your behavior can also help.
Thorough documentation is crucial. Seeking professional care is also crucial to support your medical recovery and legal efforts.
Why Emotional Distress Matters in a Car Accident Claim
Some individuals involved in car accidents may question whether pursuing emotional distress damages is worthwhile. However, there are some real financial impacts associated with mental well-being, including the lost income due to your inability to work, the cost of therapy or counseling, and medication. That’s in addition to the effects that your distress has on your relationships, physical well-being, and overall quality of life.
Calculating the value of emotional distress in a personal injury can be challenging. Insurance companies and courts many times use either the multiplier or the per diem method. The multiplier method multiplies the costs of your past and future medical expenses by a factor of 1.5 to five, based on injury severity, its daily impact, and your recovery outlook.
The per diem method determines a daily rate for your pain and suffering, usually based on your earnings. It then multiplies that by the number of days you experienced the effects of the accident.
In either case, working with legal representation can improve the clarity and presentation of your claim. According to the Insurance Research Council, victims who work with legal representation receive an average of 3.5 times more in compensation, including damages for emotional trauma, than those who handle their claims alone.
Turn to an Attorney for Personalized Insights
If you are experiencing emotional distress after a car accident, you may have legal options. However, every case is different, and proving emotional damages in New York requires strong documentation and a sound legal strategy. Consulting an experienced attorney is the most effective way to determine whether you have a case and how to proceed.
The attorneys at the Wohlgemuth Law Firm PLLC assist clients with filing a car accident claim, understanding their rights, and pursuing appropriate claims following a car accident. To request a consultation, call (718) 474-9100 and learn more about securing legal representation.
FAQs
Can I Sue for Emotional Distress After a Car Accident in New York If I Was Not Physically Injured?
Yes, but it is more challenging because New York law typically requires a serious physical injury to pursue non-economic damages like emotional suffering.
What Qualifies as Emotional Distress?
Emotional distress can include post-accident anxiety, PTSD, depression, insomnia, or other psychological symptoms stemming from the trauma of the crash.
How Do You Prove Emotional Distress After a Car Accident?
Evidence may include mental health records, therapist evaluations, medication history, personal journals, and testimony from friends, family, or expert witnesses.
