Setareh Law
November 6, 2024
Severe car accidents often leave victims with trauma that isn’t always visible. Lacerations and bruising are easily seen by the naked eye, but mental scarring isn’t always so simple to pinpoint. Though, this doesn’t mean that emotional pain hurts victims any less than physical pain. Sometimes, after a car accident, our mental anguish can be more unbearable than any of the physical injuries we have suffered.
Mental trauma has the potential to affect victims for the rest of their lives, long after all of the cuts have healed and the bruising has faded. If you have experienced or witnessed a car accident in California and are suffering from emotional distress, you may be entitled to recover compensation for your damages–but how do you know if you are eligible to file a personal injury lawsuit for emotional distress? Setareh Law is here to explain it all.
Understanding Emotional Distress
Emotional distress is a type of psychological suffering that can result from a traumatic event or situation, such as a car accident. It can manifest in various forms, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions. Unlike physical injuries, emotional distress is not always visible, but it can be just as debilitating.
In California, emotional distress is recognized as a valid claim for compensation in personal injury cases. This means that if you have suffered emotional trauma due to someone else’s actions, you may be entitled to recover damages for your emotional pain and suffering.
Types of Emotional Distress Claims
In California, there are two primary types of emotional distress claims: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). IIED involves intentional actions that cause severe emotional harm. For example, if someone deliberately acts in a way that is outrageous and intended to cause you emotional trauma, you may have grounds for an IIED claim.
On the other hand, NIED involves negligent actions that result in emotional harm. This means that if someone’s careless behavior causes you emotional distress, you can file an NIED claim. In a personal injury claim, emotional distress can be claimed as a type of non-economic damage, which compensates for the intangible effects of the injury.
Can You File a Lawsuit for Emotional Damages in California if You Weren’t Physically Injured?
The State of California allows victims to recover damages for any mental anguish incurred after a car accident, with some restrictions. Victims are not required to have any presence of physical injury to file a suit for emotional damages under an IIED (Intentional Infliction of Emotional Distress) or NIED (negligent infliction of emotional distress) claim in California. However, to succeed with an IIED claim, plaintiffs must prove that the defendant:
- Acted in an extreme, atrocious, or outrageous manner
- Intentionally meant to cause emotional distress to the plaintiff
- Behaved in a way that did, in fact, cause the plaintiff to suffer emotional distress
The plaintiff must demonstrate that the defendant’s actions caused severe emotional distress, which is significant mental anguish.
The main difference between the IIED and NIED is that a defendant’s conduct does not need to be intentional for an NIED claim but rather that they acted without care. Plaintiffs may claim NIED directly if a defendant’s negligent conduct was directed at them or as a bystander if the conduct was directed at a third party. For a direct NIED to be successful, the plaintiff must provide evidence that the:
- Defendant behaved in a negligent manner
- Plaintiff suffered severe emotional anguish
- Defendant’s actions caused the plaintiff’s emotional distress
To win an NIED bystander claim in California, the plaintiff must show that:
- They witnessed injury or death to a person with whom they had a close relationship with
- The injury or death was caused by the defendant’s negligence
- The plaintiff suffered emotional anguish
Lawsuits for emotional distress can be highly technical and require an extensive amount of legal preparation. If you have suffered, or are currently suffering, from emotional distress after a car accident, work with a personal injury attorney who can help you gather documentation to support your case for emotional distress.
What Ailments Could Qualify as Emotional Distress in California?
Successful claims for emotional distress require evidence that the plaintiff has suffered severe emotional pain. A statement that the plaintiff had their “feelings hurt” will not be enough to satisfy a judge or jury. You will be more likely to be able to recover compensation for your emotional distress if you have been diagnosed with one or more of the following due to your car accident:
- Depression
- Anxiety
- Insomnia
- Post-traumatic stress disorder (PTSD)
Other symptoms of mental or emotional symptoms may also be eligible for an emotional distress claim. If you are considering filing suit, your lawyer will evaluate evidence such as:
- Medical records
- Videos or photos that demonstrate behavioral changes before and after the crash
- Social media posts
- Sworn testimonies
To prove emotional distress, comprehensive evidence such as medical records, witness statements, and personal documentation is crucial.
An experienced personal injury lawyer will be able to help build your case for emotional distress and assist in your recovery of compensation.
Proving Emotional Distress
Proving emotional distress in a lawsuit can be challenging because emotional harm is not as easily measurable as physical injuries. However, there are several ways to establish the existence and severity of emotional distress in court. These include expert testimony from mental health professionals, medical records documenting your condition, and witness statements from those who have observed changes in your behavior.
California law requires a showing of significant emotional harm to recover damages. The severity of emotional distress can be evaluated using various methods, including the plaintiff’s testimony and expert opinions. An experienced personal injury lawyer can help you gather the necessary evidence to support your claim.
Damages in Emotional Distress Claims
California law allows plaintiffs to recover various types of damages in emotional distress claims. These may include compensatory damages, punitive damages, and emotional distress damages. Compensatory damages aim to compensate the plaintiff for their losses, such as medical expenses and lost wages. Punitive damages are awarded to punish the defendant for their actions and deter similar behavior in the future.
Emotional distress damages are specifically awarded to compensate the plaintiff for their emotional suffering. In some cases, emotional distress damages can be substantial, and an experienced personal injury attorney can help plaintiffs navigate the complexities of emotional distress claims to maximize their compensation.
Statute of Limitations for Emotional Distress in California
The statute of limitations for filing a personal injury claim, including emotional distress, in California, is two years from the date of injury. However, the discovery rule may apply if the plaintiff fails to recognize their injury immediately. This means that the two-year period may start from the date the injury was discovered or should have been discovered. Other exceptions to the statute of limitations may apply if a minor or mentally incapacitated person suffers emotional distress from another’s conduct.
It is essential to consult with an experienced personal injury attorney to determine the applicable statute of limitations and ensure the claim is filed within the required timeframe.
Partner with a Skilled Beverly Hills Area Attorney for Your Emotional Distress Claims
Setareh Law has been a pioneer in Beverly Hills for many years and continues to provide the community with tenacious legal representation for physical and mental injury sufferers. We are dedicated to helping clients recover the compensation they are entitled to. Allow our high-quality support staff to work tirelessly on your behalf. While our primary location is Beverly Hills, we take on cases throughout Southern California; reach out to our dedicated car accident attorneys in San Diego, Sacramento, Fresno, and more.
Our impressive track record speaks for itself. Call (310) 659-1826 or complete an online contact form today to schedule a free evaluation of your emotional distress case with one of our experienced and passionate attorneys. Se habla español.
