An injury can leave you with more than just bodily harm. Many Californians experience significant mental anguish while recovering from a serious injury. California law allows accident victims to seek compensation for a wide range of losses resulting from personal injuries. But do courts and insurance companies consider emotional distress a personal injury? The answer is yes.
If you suffer from anxiety, depression, or trauma because of someone else’s actions, you may have a right to pursue compensation for emotional distress — and it doesn’t necessarily have to involve a physical injury. However, proving these cases can be difficult to resolve without legal help. A compassionate personal injury attorney from Demas Law Group can listen to your story and discuss your legal options in a free consultation.
With over 30 years of experience representing the wrongfully injured, our top-rated law firm is staffed by skilled lawyers who understand the profound emotional strain that can accompany a personal injury. Let us join you in the fight for justice. Call or contact us now to get started.
What Is Emotional Distress in a Personal Injury Case?
Emotional distress refers to severe mental suffering caused by another party’s negligent or intentional acts. Unlike a physical injury, emotional distress doesn’t necessarily leave visible scars. However, its effects can disrupt your daily life, relationships, and ability to work.
The Judicial Council of California Civil Jury Instructions recognizes that emotional distress from an accident or incident may include symptoms like:
- Suffering
- Anguish
- Fright
- Horror
- Nervousness
- Grief
- Anxiety
- Worry
- Shock
- Shame
Emotional distress is often a byproduct of injuries sustained in incidents such as motor vehicle accidents, slip and falls, dog bites, medical malpractice, burns, wrongful death, and catastrophic traumas like spinal cord injuries and traumatic brain injuries.
To recover compensation for serious emotional distress, you must show that the distress was so severe that an ordinary, reasonable person could not have coped with it.
Can You Sue for Emotional Distress After an Accident?
Suing for emotional distress in California is typically possible if someone else’s actions caused you significant mental suffering. It can accompany a physical injury or arise independently. For instance, witnessing a traumatic accident or violent crime may cause severe psychological harm, even if you weren’t the victim.
A successful emotional distress claim must demonstrate that you suffered real and substantial harm. Not all upsetting experiences meet the legal standard, so working with a California injury lawyer who understands the nuances can improve your chances of recovering compensation.
Types of Emotional Distress Claims in California
Emotional distress claims in California generally fall into three categories:
Emotional Distress Linked to Physical Injury
Most personal injury claims include emotional distress as part of the harm you suffered after a bodily injury. For example, if you lost a limb after a catastrophic car accident, you might recover compensation for the mental suffering that accompanied the pain, medical procedures, ongoing physical limitations, and grief resulting from the amputation.
Negligent Infliction of Emotional Distress (NIED)
NIED applies when someone’s negligence causes emotional suffering, regardless of intent. This can be the basis of claims where you were the victim of someone’s negligent actions or witnessed an incident that caused you emotional trauma.
To prove a bystander claim, you must show that you were a close relative of the victim, in the area where the incident occurred, and suffered emotional distress beyond what the average person would have experienced in the same situation.
California courts may also allow NIED claims when a person is at risk of physical harm (in the “zone of danger”), even if no physical injury occurs.
Intentional Infliction of Emotional Distress (IIED)
IIED claims involve someone intentionally engaging in outrageous conduct meant to cause severe emotional harm. Threats, harassment, or extreme workplace bullying are common bases for these claims.
How to Prove Emotional Distress in a Personal Injury Claim
To prove emotional distress in California, you must present compelling evidence showing that your distress is real, severe, and caused by the defendant’s actions. Common forms of evidence include:
- Medical records and psychiatric evaluations – Documentation from mental health professionals helps establish the severity of your emotional injury, your diagnoses, and the medical treatment you received. Many people who claim emotional distress suffer from mental health conditions such as depression, generalized anxiety, post-traumatic stress disorder (PTSD), and social anxiety.
- Witness testimony – Friends, family members, or coworkers can describe changes in your behavior, mood, and ability to function.
- Personal journals or recordings – Detailed records of your symptoms and emotional anguish can show the ongoing impact of your injury.
California courts also consider whether your emotional distress is objectively reasonable. In other words, your response must be appropriate for the situation. For example, a claim that you suffered severe emotional distress after a minor fender bender is unlikely to succeed.
What Damages Can You Recover for Emotional Distress?
Compensation for emotional distress is a form of non-economic damages in California. Non-economic damages do not come with a specific dollar amount and are based on individual circumstances.
Factors that go into the calculation of emotional distress damages include:
- The severity of the distress
- Its effect on your daily life
- The duration of the emotional distress
An experienced personal injury lawyer can place a fair estimate on the amount of emotional distress compensation you may be entitled to and represent you throughout the legal process.
Challenges in Emotional Distress Lawsuits
Emotional distress lawsuits come with unique challenges, even when linked to a physical injury. This is because:
- Everyone’s emotional threshold is different. What knocks down one person can be very different from what affects another person.
- Emotional distress is an invisible injury. Juries can be skeptical of harm that can’t be seen or measured.
- The evidence must show that the defendant’s actions directly caused your distress. Connecting the incident with your injury is essential to prove liability.
- Emotional distress claims may need to meet specific statutory conditions. This is particularly true in bystander claims.
A skilled attorney can develop a robust strategy to address any disputes that may arise in your personal injury case.
How Demas Law Group Can Help in Your Emotional Distress Case
A California personal injury lawyer from Demas Law Group can provide capable and compassionate guidance through every stage of your emotional distress claim. Our lawyers can identify the right type of claim to file, gather and organize evidence, and represent your interests in settlement negotiations or in court proceedings. With proven legal representation on your side, you don’t need to worry about pursuing compensation on your own.
Contact us today for a free initial consultation. Our firm is available 24/7 to answer your legal questions.
