Can You Sue for Emotional Distress After a Car Accident?

Bobbie Young Law | Personal Injury | Can You Sue for Emotional Distress After a Car Accident?

Can You Sue for Emotional Distress After a Car Accident?

 
Car accidents are traumatic events that often leave more than physical scars. Survivors can experience overwhelming emotional distress anxiety, panic attacks, PTSD, depression, and an ongoing fear of driving or being in a vehicle. These invisible injuries may not appear on an X-ray, but they’re just as debilitating and deserve legal recognition.

So, can you sue for emotional distress after a car accident?

Yes, you can. However, the process requires a clear understanding of your rights, the legal framework, and how to present evidence of your suffering in a way that courts and insurance companies will recognize.

Table of Contents:

  1. What Is Emotional Distress?
  2. Types of Emotional Distress Recognized by Law
  3. Can I Sue for Emotional Distress After a Car Accident?
  4. 5 Key Legal Questions Answered
  5. Real-Life Examples of Emotional Distress Claims
  6. How to Prove Emotional Distress
  7. Steps to Take After a Car Accident If You’re Experiencing Emotional Distress
  8. How Do Juries Evaluate Emotional Distress in Court?
  9. Notable Emotional Distress Verdicts
  10. More FAQs:
  11. Mental Health Tips After a Car Accident
  12. Children and Teens: Emotional Distress After Car Accidents
  13. Can Undocumented Immigrants Sue for Emotional Distress?
  14. The Long-Term Impact of Untreated Emotional Distress
  15. Legal Strategies for Winning Emotional Distress Cases
  16. What Compensation Can You Expect?
  17. How The Law Office of Bobbie Young Can Help

1. What Is Emotional Distress?

Emotional distress refers to the psychological impact a person suffers due to a traumatic or negligent event. In the context of car accidents, emotional distress can result from the collision itself or the aftermath, such as painful recovery, loss of income, or the trauma of witnessing another person’s injury or death.

Common Symptoms:

  • Anxiety or panic attacks
  • Depression or feelings of hopelessness
  • Post-traumatic stress disorder (PTSD)
  • Mood swings or irritability
  • Fear of driving or riding in cars
  • Sleep disturbances or nightmares
  • Difficulty concentrating
  • Emotional numbness
These symptoms may occur immediately or develop over time. Left untreated, they can affect every aspect of a person’s life, from personal relationships to professional productivity.

2. Types of Emotional Distress Recognized by Law

The legal system recognizes two primary types of emotional distress claims in car accident cases:

1. Negligent Infliction of Emotional Distress (NIED)

This occurs when a person experiences emotional trauma due to another’s carelessness. In most states, NIED claims require a physical injury to accompany the emotional harm, but exceptions exist.

2. Intentional Infliction of Emotional Distress (IIED)

This applies when someone intentionally behaves in an outrageous or harmful way, causing severe emotional suffering. While this is rare in car accidents, it might apply if the at-fault party engaged in road rage or intentionally caused the crash.

3. Can I Sue for Emotional Distress After a Car Accident?

Yes, emotional distress can be grounds for a lawsuit, especially when it accompanies other injuries or clear evidence of mental suffering exists. In many states, emotional distress is included under “pain and suffering” damages in a personal injury claim.
a stressed out man thinking about the earlier car accident

Texas Law and Emotional Distress

In Texas, emotional distress must typically accompany a physical injury unless the defendant’s behavior was especially egregious. However, Texas courts do allow claims for mental anguish, especially when the emotional trauma is diagnosable and significantly impacts a person’s life.
You may have a valid emotional distress claim if:

  • You were in a traumatic car accident caused by someone else’s negligence.
  • You’ve experienced lasting psychological issues as a result.
  • You’ve received treatment or a diagnosis for a mental health condition.
  • You were closely related to someone who was killed or seriously injured in the accident.

4. 5 Key Legal Questions Answered

1. Can I Sue If I Didn’t Get Physically Hurt?

In some cases, yes. Courts will consider claims from individuals who suffered severe psychological trauma, even without physical injuries. However, these claims must meet a higher burden of proof and are more likely to succeed with documented treatment and expert testimony.

2. Is Emotional Distress Covered by Insurance?

It depends on the policy. Most insurance companies include pain and suffering in their settlement evaluations, but emotional distress claims are often devalued or denied unless you have strong supporting evidence.

3. How Long Do I Have to File a Claim?

In Texas, the statute of limitations for filing a personal injury lawsuit, including emotional distress, is two years from the date of the accident.

4. Can I File a Claim for Someone Else?

If you’re the parent or legal guardian of a minor or dependent adult who experienced emotional distress due to a crash, you may be able to file a claim on their behalf.

5. Will My Case Go to Court?

Most personal injury cases are resolved through settlements. However, filing a lawsuit may be necessary if the insurance company refuses to provide fair compensation for your emotional distress.

5. Real-Life Examples of Emotional Distress Claims

Example 1: PTSD After a High-Speed Collision

A 36-year-old teacher was rear-ended on the highway by a distracted driver. Though her physical injuries healed quickly, she experienced persistent panic attacks and flashbacks that made driving impossible. She was diagnosed with PTSD and began therapy. Her legal team successfully recovered damages for her emotional distress, therapy costs, and lost wages.

Example 2: Child Witnessing Fatal Crash

A 10-year-old child witnessed their sibling being hit by a car. Though physically unharmed, the child developed severe anxiety, depression, and required extensive counseling. The family filed a bystander emotional distress claim and received compensation for mental anguish and therapy.

Example 3: Aggressive Driver Causes Intentional Harm

A driver with a history of road rage intentionally swerved into another car, injuring the other motorist. The victim developed PTSD and emotional trauma. Because the behavior was intentional, the claim included deliberate infliction of emotional distress, resulting in a larger settlement.

6. How to Prove Emotional Distress

Medical and Mental Health Records

Your therapist or psychologist should document your symptoms, diagnosis, and treatment plan. Records of medications prescribed (like anti-anxiety or antidepressants) also help substantiate your claim.

Testimony from Medical Experts

a man consulting a specialist about the emotional distress
Psychiatrists or therapists can provide statements or testimony confirming the severity of your emotional trauma and its connection to the car accident.

Personal Journals and Documentation

Keep a log of your emotional struggles panic episodes, insomnia, fear, and mood swings. This personal documentation can be valuable evidence.

Testimony from Family or Friends

Statements from people close to you can support your claims by providing an outside perspective on your emotional changes since the accident.

7. Steps to Take After a Car Accident If You’re Experiencing Emotional Distress

1. Seek Immediate Medical Attention

Even if your injuries seem minor, get checked out. Ask for a referral to a mental health specialist if you’re struggling emotionally.

2. Start a Mental Health Log

Write down your symptoms, emotions, and any therapy appointments or medications. This log becomes vital evidence later.

3. Follow Your Treatment Plan

Don’t skip appointments. Regular therapy attendance shows you’re taking your mental health seriously.

4. Avoid Talking to Insurance Companies Without Legal Help

Insurers may ask questions designed to downplay your suffering. Always speak with a lawyer first.

5. Consult a Personal Injury Lawyer

A lawyer can assess your case and guide you on how to build strong evidence of emotional distress.

8. How Do Juries Evaluate Emotional Distress in Court?

In personal injury trials, juries play a critical role in deciding whether emotional distress damages are valid and how much to award. Unlike physical injuries, emotional harm is subjective and must be presented with clarity and evidence.

Juries evaluate:
  • Credibility of the victim: Is their testimony consistent and believable?
Medical Record Document
  • Consistency of medical records: Are the symptoms and diagnosis linked to the accident?
  • Expert testimony: Did a licensed psychologist or psychiatrist explain how the accident caused specific trauma?
  • Visual and verbal impact: Sometimes, seeing the victim’s suffering firsthand in court crying, anxious behavior, etc. can influence jurors.
Courts often instruct jurors to consider how the distress affects everyday life, family relationships, job performance, and the victim’s overall emotional well-being.

9. Notable Emotional Distress Verdicts

 
A woman rear-ended by a commercial truck suffered minimal physical injuries but developed severe PTSD, rendering her unable to work as a nurse. The jury awarded her substantial damages for long-term mental anguish and lost earning capacity.

Johnson v. Auto Insure Group – $210,000 Settlement
A man who witnessed his wife’s death in a T-bone accident recovered compensation for emotional distress and loss of consortium, even though he suffered no physical injuries himself.

Garcia v. City Transit Authority – $400,000
A bus passenger who survived a rollover crash and developed panic attacks, fear of public transport, and depression was awarded a combination of medical expenses and emotional distress damages.

These cases show that emotional distress claims are accurate, valid, and winnable, mainly when supported with thorough documentation.

10. More FAQs:

Can I sue for emotional distress if I wasn’t in the vehicle?

Yes. In bystander emotional distress claims, you may sue if:
 
  • You were present at the scene
  • You are closely related to the victim (spouse, child, etc.)
  • You suffered severe trauma from witnessing the event

What if I had a pre-existing mental health condition?

You can still sue. The law acknowledges that an accident may aggravate a pre-existing condition. Your claim may still be valid if:

  • The condition was manageable or dormant before the accident
  • The accident caused a relapse or intensification
  • Your therapist or psychiatrist supports this connection

11. Mental Health Tips After a Car Accident

Taking care of your mental health after a traumatic accident isn’t just for your well-being—it also strengthens your legal claim.

Here’s what to do:

  1. Acknowledge your symptoms—Don’t brush off insomnia, panic, or fear.
  2. Talk to someone—Whether it’s a therapist, friend, or hotline, speaking out helps.
  3. Avoid isolation—Stay connected to loved ones.
  4. Document your struggles—Daily journaling can help process emotions and build evidence.
  5. Don’t self-medicate—Avoid alcohol or drugs to cope.
  6. Seek professional help early—Delaying care can worsen trauma and weaken your claim.

12. Children and Teens: Emotional Distress After Car Accidents

Children and adolescents are particularly vulnerable to emotional trauma. While adults may express fear or seek therapy, younger victims often internalize their distress or exhibit it through behavior changes.
A woman crying while on a therapy session

Common Signs of Emotional Distress in Minors:

  • Bedwetting (in younger children)
  • Nightmares or sleepwalking
  • Fear of being alone or traveling in a car
  • Poor school performance
  • Irritability or aggression
  • Withdrawal from friends or family
Parents and guardians should monitor these changes closely and document behaviors, school notes, and doctor visits. In Texas, minors can file injury claims through a parent or guardian, and emotional distress damages are fully compensable with the proper documentation.

13. Undocumented Immigrants Sue for Emotional Distress?

Yes. In Texas and throughout the U.S., your immigration status does not disqualify you from pursuing a personal injury claim. If you’ve suffered emotional distress after a car accident caused by someone else’s negligence, you have every right to:

  • File a personal injury claim
  • Receive compensation for therapy, pain, and mental anguish
  • Work with a lawyer without fear of deportation
The Law Office of Bobbie Young treats every client with dignity and confidentiality. We focus solely on your healing and justice, not your immigration background.

14. The Long-Term Impact of Untreated Emotional Distress

Ignoring emotional trauma doesn’t make it disappear. Studies show that untreated psychological injuries from car accidents can lead to:

Early legal and psychological intervention isn’t just about the case it’s about your future stability.

15. Legal Strategies for Winning Emotional Distress Cases

Top personal injury attorneys use these proven strategies when building emotional distress cases:

1. Partnering with mental health experts

Therapists and doctors can diagnose, explain, and testify about your condition.

2. Creating a narrative timeline

Showing a before-and-after contrast helps juries understand the full impact.

3. Quantifying non-economic damages

Even though emotional damages are intangible, lawyers often use tools like multiplier methods (based on medical costs) to propose fair compensation.

4. Highlighting ripple effects

For instance, how the trauma affected your parenting, career, or education.

5. Prepping you for testimony

Clients are coached to describe their emotions without exaggeration; authenticity is everything in court.

16. What Compensation Can You Expect?

Emotional distress damages fall under non-economic damages, meaning they don’t have a set dollar amount. The amount you can receive depends on:

  • Severity and duration of your emotional trauma
  • Whether the distress affects your daily life or ability to work
  • The extent of medical or psychological treatment required
  • Whether the emotional distress is permanent
  • The strength of your supporting documentation

Average Ranges for Emotional Distress Settlements:

  • Mild trauma (short-term therapy): $5,000–$25,000
  • Moderate trauma (long-term symptoms): $25,000–$75,000
  • Severe trauma (PTSD, permanent disability): $100,000 or more

17. How The Law Office of Bobbie Young Can Help

At The Law Office of Bobbie Young, we don’t just fight for compensation we fight for healing. Emotional suffering is real and deserves to be taken seriously in a court of law.

Here’s how we support you:

  • Free consultation to assess your case
  • Compassionate legal guidance from day one
  • Collection of expert testimony and records
  • Negotiation with insurance companies to maximize your settlement
  • Aggressive representation if your case goes to court
Whether you’re suffering silently or actively receiving therapy, we’re here to ensure your pain is heard and compensated.

Take the First Step Toward Healing Today

If you’re asking, “Can I sue for emotional distress after a car accident?” the answer is clear: yes, and you don’t have to do it alone.

You deserve justice not just for your physical injuries, but for your mental and emotional pain as well. Emotional trauma doesn’t fade overnight, and it shouldn’t be ignored or undervalued.
 
Let us help you take control, heal, and recover the compensation you rightfully deserve, Contact us today to schedule your consultation.

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