When Can You Sue for Emotional Distress After an Accident?
October 9, 2024 in Personal Injury
Accidents are unpredictable and often leave more than just physical injuries. Lingering anxiety, depression, or post-traumatic stress disorder (PTSD) are common, though sometimes overlooked, consequences. Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo discuss when and how you might be able to take legal action for these invisible injuries.
What is Emotional Distress?
Emotional distress refers to mental suffering or emotional pain caused by a traumatic event, such as a car accident, workplace injury, or a slip and fall. It can manifest in several ways—fear, shock, anxiety, sadness, or a feeling of helplessness. These symptoms can sometimes be just as debilitating as physical injuries, preventing you from living your life the way you once did.
If you’ve experienced these issues after an accident, it’s natural to wonder if you have the option to sue for emotional distress. While the answer varies depending on the circumstances of the accident and the state’s laws, it’s often possible to seek compensation, especially with the help of a personal injury attorney.
The Role of Negligence in Emotional Distress Claims
To file a successful emotional distress claim, the primary factor that must be proven is that another party acted negligently or recklessly, causing the accident and resulting harm. In many cases, emotional distress claims are tied to physical injuries. If, for example, you were involved in a car accident and sustained severe physical injuries, the emotional distress that followed—such as nightmares or fear of driving—can be included in your claim for damages.
However, it’s also possible to seek compensation for emotional distress even without physical injury in some cases. In New York and New Jersey, claims for negligent infliction of emotional distress are recognized, but proving these cases can be challenging without a physical injury. Consulting with a personal injury attorney can help determine if it’s worth pursuing a lawsuit in these situations.
Courts generally require that the emotional distress be serious and directly caused by someone else’s negligence. These cases are more complex because they rely on proving that the emotional suffering is genuine and substantial. Expert testimony from mental health professionals is often a part of these claims, as they can provide documentation of diagnoses like PTSD, severe anxiety, or depression.
Is it Worth Hiring a Personal Injury Attorney?
Imagine a situation where a construction worker was involved in a severe scaffold collapse. Although the worker survived and sustained only minor physical injuries, the emotional toll left him unable to return to his job due to a fear of heights and anxiety attacks. In such a case, it may be possible for the worker to sue for emotional distress, even though the physical injuries weren’t severe.
Another example might be a pedestrian who witnesses a fatal car accident and develops PTSD from the event. Despite not being physically harmed, the pedestrian may have grounds to file a lawsuit for emotional distress, provided that their emotional suffering can be proven with medical evidence.
Whether your distress stems from physical injuries or purely psychological trauma, a qualified attorney can help assess the viability of your case and ensure that your rights are protected. Contact SPBMCC today for a review of your case.
Contact an Experienced Personal Injury Attorney at SPBMCC Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.