A car, motorcycle, or bicycle accident can be a terrifying and emotional experience. Many times, those involved suffer injuries that they are trying to recover from in addition to managing the stress of dealing with doctor appointments, insurance, or missing time from work.
Whether you have sustained significant physical injuries or not, you may be asking yourself if you can sue for emotional distress following an accident. The simple answer is that, legally, this may be an option. The more nuanced answer is that you will want to speak with an experienced Philadelphia personal injury lawyer to see if you have a case for emotional damages.
How Emotional Distress After an Accident Is Defined
Emotional address can mean different things in a variety of contexts. However, the Legal Information Institute defines emotional distress as mental suffering that arises from the effect or memory of a particular event, occurrence, or condition.
The LII goes on to explain that there are two ways to cause emotional distress legally. The first is by intentionally behaving in a way to cause distress. An example of this may be if someone makes a physical threat to you, causing emotional distress and anxiety.
The application of negligence that may be most appropriate in an accident is known as negligent infliction of emotional distress. This type of negligence occurs when a person behaves negligently, and that negligence causes emotional distress for the other party. The requirements for claiming negligent infliction of emotional distress can vary by state, so speaking with our personal injury attorney can help you determine your eligibility for this.
Common Symptoms of Emotional Distress
Emotional distress can take all forms, even affecting people physically. Some of the most common symptoms of emotional distress may involve:
- Significant weight loss or weight gain
- Changes in appetite
- Changes in sleep
- Chronic headaches
- Intrusive thoughts surrounding the incident
This list is not exhaustive, but it may be a place to start if you are experiencing these or similar symptoms related to an accident. Call the accident lawyer and Demand Rand to discuss the significance of your emotional trauma and gain the insight you need to protect your rights.
Establishing Emotional Distress
As a non-economic damage, emotional distress can be hard to establish. However, research is on your side. The National Library of Medicine hosts an article discussing the increased levels of emotional distress seen in victims of car accidents. This meta-analysis shows that symptoms can be present for three or more years.
Presenting the research can support your claim of emotional distress, but some of the primary supports you may use are:
- New diagnoses
- New medication prescription
- Mental Health Evaluation
- Mental Health Professional recommendation
- Recorded symptoms of increased anxiety or depression
- Loss of interest in previously enjoyable activities
- Disruption of daily functioning
You may be able to get most of the necessary information by getting your work or providers’ documentation.
The Importance of Documentation
Documentation is a crucial part of any legal case, and when it comes to personal injury, documentation from medical providers can make or break your case. This is one of the many reasons our attorney may suggest you seek medical evaluation and treatment after an accident. Another reason to seek evaluation is because failing to do so may give the impression that you are not injured.
If you are experiencing emotional distress, you should be speaking to your providers about it. A medical provider may refer you to a mental health provider for further evaluation and treatment. This referral may include a psychiatrist for diagnosis and medication or a mental health therapist who can diagnose but also provide therapy to reduce symptoms.
Emotional Distress FAQ
Can I Be Awarded Punitive Damages for My Emotional Distress?
No, punitive damages are not awarded for emotional distress. Punitive damages are not a type of compensatory loss under 42 Pa.CS §5524 or New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A §14-2. However, if the court determines the defendant’s conduct was egregious, intentional, or grossly negligent, punitive damages could be awarded in your emotional distress lawsuit.
How Long Do I Have to Decide to File an Emotional Distress Claim?
Claims for emotional distress must be filed in accordance with the statute of limitations for personal injury lawsuits. With Charge 5.12 from the New Jersey Courts and Pennsylvania Title 42 Chapter 83, victims of emotional distress generally must file their claims within two years of the incident. Missing this deadline could adversely impact your ability to pursue your claim within the civil court system.
If your emotional distress was not diagnosed until several days, weeks, or months after the accident, the statute of limitations should take until the date of your diagnosis. This means it will temporarily pause until you receive your official diagnosis. You can find out how much longer you have to file your emotional distress lawsuit when you contact our legal team to discuss the specific details of your case.
How Much Does It Cost to Hire a Lawyer to Sue for Emotional Distress?
One of the benefits of hiring an emotional distress attorney to take on your case is the ability to work with a lawyer on contingency. Instead of risking the limited funds available to you, you can turn to a powerful legal advocate to cover all the costs of pursuing your case. Our contingency agreements mean we only get paid if we win, and a portion of your settlement will cover our costs.
Turn to Pennsylvania and New Jersey’s Trial-Proven Emotional Distress Law Firm
Though not a physical injury, emotional distress can have a lasting impact on your life. The extreme trauma of the accident you were involved in may make it difficult or impossible for you to live your life normally. You may be having trouble maintaining close relationships with family and friends, completing daily living tasks, or handling your job responsibilities, all due to the extreme emotional distress you endure.
Rand Spear, The Accident Lawyer, can help you make the liable party pay. You should be fully reimbursed for every single way your life has been impacted by this traumatic event. Find out whether you have grounds for a claim and how much you could be awarded when you contact our law office by phone or through our convenient contact form to request a no-cost, risk-free consultation.
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