When an accident happens, most people think about the obvious physical injuries: broken bones, whiplash, or bruises. For many accident victims, the emotional and psychological impact can be just as devastating as any physical harm. If you're grappling with anxiety, depression, PTSD, or other emotional symptoms after an accident, you might wonder, "Can I sue for emotional distress?"
The quick answer is yes, but there are some important things to understand about how these claims work.
What Exactly Is Emotional Distress?
Emotional distress refers to the mental suffering someone experiences because of a traumatic event, like a car crash, a slip and a fall, or a workplace accident. It can show up in many ways, including:
- Anxiety or panic attacks
- Depression or mood swings
- Insomnia or recurring nightmares
- Flashbacks or PTSD
- Loss of enjoyment of life
- Fear of driving or returning to work
In a personal injury case, this type of suffering falls under what's known as non-economic damages.
When Can You Sue for Emotional Distress?
To sue for emotional distress, it typically needs to be connected to a legally recognized injury. This usually happens in one of two ways:
If you've suffered physical injuries in an accident, your emotional distress can be included as part of your total damages. For instance, if a car crash left you physically injured and now you're terrified to drive, that fear can be considered emotional distress linked to your physical trauma.
Independent Emotional Distress Claims
In some states, you might be able to bring a claim specifically for intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED), even if you weren't physically injured. These cases are generally harder to prove and often require:
- A severe emotional reaction
- Proof of negligence or truly outrageous conduct
- Expert testimony from mental health professionals
Not all places recognize these standalone claims, so it's crucial to talk to an experienced personal injury attorney in your state to understand your options.
What Kind of Evidence Do You Need?
To build a strong emotional distress claim, documentation is essential. This can include:
- Medical or psychological records
- Testimony from mental health professionals
- Journals where you've documented your emotional symptoms
- Statements from family, friends, or coworkers
- Evidence showing how your daily life has changed
The more evidence you have to back up your claim, the better your chances of recovering compensation.
How Much Can You Recover?
The value of an emotional distress claim can vary widely based on several factors:
- The severity of your emotional trauma
- How long the distress has lasted and its impact on your life
- Whether the distress is accompanied by physical injuries
- Jurisdictional rules
- In Kansas, the state Supreme Court has ruled that statutory caps on non-economic damages in most personal injury cases are unconstitutional, meaning there is generally no limit on what a jury can award for emotional distress.
- In Missouri, there are generally no caps on non-economic damages for most personal injury claims, including those involving emotional distress. However, there are caps specifically for medical malpractice cases, which vary depending on whether the injury is considered "catastrophic" and are adjusted annually for inflation.
Don’t Go Through It Alone — Let Castle Law Office Help
If you've been injured in a car crash in Kansas or Missouri, don’t risk making costly mistakes. Castle Law Office is here to protect your rights and fight for the compensation you deserve. We offer free consultations, and you don’t pay us unless we win your case. Call us today at (816) 842-6200 or to speak with an attorney https://www.castlelaw-kc.com/contact.cfm
