Women Crying And Others Are Consoling

We often hear about broken bones, whiplash, and other physical injuries after an accident—but what about the pain you can’t see? The anxiety, sleepless nights, or fear of getting back behind the wheel? Emotional distress is very real, and in many cases, it’s just as life-altering as a physical injury.

If you’ve been involved in an accident and are struggling emotionally, you might be wondering: Can I file a personal injury claim for emotional distress? The answer is yes—but like most legal things, there’s some fine print. Let’s break it down.
 

What Is Emotional Distress?

Emotional distress is the mental or emotional suffering caused by someone else’s negligence. This could include:

Women Crying And Others Are Consoling
  • Anxiety or panic attacks
  • Depression
  • PTSD (Post-Traumatic Stress Disorder)
  • Sleep disturbances
  • Mood swings
  • Fear, shame, or humiliation
  • Grief (in wrongful death cases)

These symptoms can be caused by experiencing or witnessing a traumatic event—like a serious car accident, a dog attack, or even medical malpractice.

When Is Emotional Distress Legally Compensable?

To recover damages for emotional distress, you generally need to show that:

  1. The distress is real and significant, not just temporary frustration or sadness.
  2. Another person’s negligence or wrongdoing caused it.
  3. There is evidence, like medical or psychological records, to back up your claim.

In many personal injury cases, emotional distress is part of what’s known as “pain and suffering”—non-economic damages that don’t have a precise dollar amount but still impact your life.

Two Main Types of Emotional Distress Claims

There are two types of claims where emotional distress might come into play:

  1. Intentional Infliction of Emotional Distress (IIED) This applies when someone intentionally or outrageously causes significant emotional distress. These are uncommon cases that are frequently hard to prove.
  2. Negligent Infliction of Emotional Distress (NIED) Negligent Infliction of Emotional Distress is more common in personal injury cases. If someone’s careless actions (like a reckless driver or negligent doctor) caused you emotional suffering, you might be able to recover damages—especially if you also suffered physical injuries.

California law also allows some emotional distress claims even without a physical injury, but they tend to be harder to win. That’s why having the right legal support matters.

What Evidence Do I Need?

Proving emotional distress isn’t always straightforward. Unlike a broken arm, you can’t take an X-ray of your emotions—but that doesn’t mean they aren’t valid. Strong evidence might include:

  • Medical records from a therapist, psychologist, or psychiatrist
  • Prescription history for anxiety or depression medication
  • Testimony from mental health professionals
  • Personal journals or statements describing your experience
  • Testimony from friends, family, or coworkers who noticed a change in your behavior

Bottom Line: Yes, You Can—But Don’t Do It Alone

You absolutely can file a personal injury claim for emotional distress—but it’s important to approach it the right way. These claims can be complex, and insurance companies aren’t always quick to recognize non-physical injuries. At Flahavan Law Offices, we understand that emotional distress is real. You deserve to be taken seriously, and we’re here to help ensure your suffering doesn’t go unnoticed. Let’s talk if you’ve been injured—physically or emotionally—due to someone else’s negligence. We’re here to walk you through it and fight for the compensation you deserve.

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