Key Takeaways
- Emotional distress is a form of pain and suffering people experience after an accident.
- Proving an emotional distress claim can pose challenges.
- Working with a skilled Michigan personal injury attorney can help you assemble the documentation necessary to prove damages for emotional distress in a car accident case.
Suffering injury in a car accident can cause physical pain and emotional distress, especially when it stems from a crash that was due to the negligence of another driver.
Emotional distress is a form of non-economic damage that accident victims can claim to help them recover from the traumatic experience of the crash. While physical pain can be documented through medical records and other physical evidence like photographs and videos, it is much harder to document and prove emotional distress. However, with the help of an experienced Michigan personal injury attorney, those suffering from emotional distress can pursue compensation.
The caring and compassionate attorneys at Matz Injury Law understand what you are going through. We want to help you through this difficult time. Call us to schedule a free consultation about your case.
What Qualifies as Emotional Distress in a Car Accident Lawsuit?
Emotional distress refers to the emotional suffering and psychological effects that accident victims suffer after the trauma they have experienced due to an accident.
This is an important aspect of injury to consider when pursuing a car accident claim or lawsuit, because emotional distress can significantly disrupt your daily life and prevent you from performing your job or even doing self-care.
Different ways emotional distress can manifest after a car crash include:
Post-traumatic Stress Disorder (PTSD)
Trauma from an accident can lead to PTSD, which can be triggered by the sounds, the sights, the pain, and other events experienced during an accident. As a result, victims might need to avoid the accident scene or cannot get into a car. Some people may have intense flashbacks or relive the incident over and over when they have a trigger.
Anxiety
Anxiety is a common type of emotional distress that manifests in different ways. Victims may become fearful of driving or even being a passenger in a car. Some may become anxious in crowds, around loud noises, and encounter other daily, often common, situations.
Panic Attacks
A sudden episode of intense fear or anxiety is another form of emotional distress accident victims face. Symptoms can include shortness of breath, sweating, increased heart rate, dizziness, and a feeling of doom.
Depression
The traumatic memories from an accident can trigger episodes of depression or create a form of depression that is chronic and debilitating. Accident victims may lose their motivation to go about their lives or feel hopeless, preventing them from being able to sleep, eat, work, or interact with others.
Lost Quality of Life
Physical and psychological injuries can prevent victims from enjoying the things they previously did. Emotional distress can be disruptive in all aspects of life, including socialization, sleep, work, and other areas of life.
Can I Sue for Emotional Distress After a Car Accident?
Yes, you can sue for emotional distress following a motor vehicle accident. In Michigan, no-fault benefits are available, which may include coverage for medical expenses, lost wages, loss of future earnings, and other related costs.
Additionally, individuals may pursue compensation for pain and suffering. This compensation can stem from a claim of negligent infliction of emotional distress, allowing those affected to seek damages for emotional harm resulting from the accident.
Related Article: Personal Injury Guide to Pain and Suffering in Michigan
What Kinds of Emotional Distress Damages Can I Sue for After a Car Accident?
Suffering emotional distress can have a substantial impact on your day-to-day life. The following is a general overview of the types of emotional distress damages you can pursue after sustaining an injury in a car accident.
Medical Costs
Appointments with doctors, therapists, other healthcare providers, and medications to treat injuries can be expensive. Victims can pursue emotional distress damages to help them pay for their medical bills.
Lost Income Due to Emotional Trauma
A significant impact of emotional trauma is an inability to earn wages. When conditions such as depression, PTSD, anxiety, and panic attacks set in, it may prevent a person from performing their job or even being able to make it to work. Accident victims can pursue compensation to recover lost wages.
Mental Anguish and Loss of Quality of Life
Victims who have experienced loss of quality of life, along with mental anguish, can pursue compensation to help them recover a sense of normalcy.
Pain and Suffering
The term pain and suffering encompasses the injuries victims suffer beyond their physical injuries, including emotional distress. A skilled attorney can help build a strong case for pain and suffering.
Loss of Consortium
Loss of consortium refers to the impact an injury has on relationships with loved ones. It is another type of emotional toll a victim may suffer in the aftermath of an accident.
Related Article: Signs of Mental Trauma or PTSD After an Auto Accident
What Are the Requirements for Filing an Emotional Distress Lawsuit Following a Car Accident?
Accident victims seeking to sue for emotional distress will need to meet a few requirements and prove a few elements.
- Demonstrate a mental health diagnosis linked to the accident
- Documentation of the condition from a mental health professional, including proof of treatment
- Show the severity of the emotional distress with substantiation
- Demonstrate how the emotional distress affects daily living (e.g., personal records and diaries)
- Prove the negligence of the at-fault party for the emotional distress
Witness statements will also be a key piece of evidence to support the presence of emotional distress.
How to Sue for Compensation After a Car Accident for Emotional Distress
The following steps are necessary to pursue compensation for emotional distress.
Contact an Attorney
Building a case for emotional distress takes time and typically requires in-depth knowledge of Michigan’s personal injury laws. Consulting with an attorney should be a priority after an accident because proving emotional distress can be tricky.
Get Medical Diagnosis
Individuals suffering from emotional distress should seek help from a mental health professional who can make a diagnosis and begin treatment.
Keep Medical Documentation
Medical documentation supporting the presence of emotional distress will be crucial in proving this injury. Be sure to keep all doctors’ reports, police reports, and any other relevant records.
Report the Accident to Your Insurance
Report the accident to your insurance, but be careful about what you say before speaking with an attorney.
Do Not Settle Without Consulting Your Lawyer
Insurance companies are notorious for denying or undermining injuries and will likely try to use anything you say against you. Do not engage with the insurance company about a settlement before consulting with your lawyer.
How Do You Prove You Have Emotional Distress After a Car Accident?
To back up an emotional distress claim, you must demonstrate the following.
Physical Effects
Showing documentation of physical effects of emotional distress, such as headaches, digestive problems, fatigue, infections, or hives, can provide substantiation.
Psychological Effects
Having supporting documents of psychological effects, including PTSD, depression, anxiety, or other conditions, will help support your claim. Documentation of interruption of school, work, or family care can also help.
Medical Records
Bringing forward medical documentation from physicians and mental health professionals can support claims of emotional distress. These professionals can provide their expert opinions and attest that symptoms are directly related to emotional distress. They can also help corroborate the timeline relating to the accident.
Duration and Impact
The more impact emotional distress has on your life, and the duration of the condition, play a key role in supporting a claim. People suffering from long-term or permanent effects can usually build a strong case.
Challenges When Suing for Emotional Distress After a Car Accident
Proving emotional distress can pose some challenges due to the subjective nature involved in psychological injuries. Challenges include:
- Lack of tangible evidence
- Directly linking the injury to the car accident
- Navigating pre-existing mental health conditions
- Obtaining substantial medical documentation
How Can a Car Accident Lawyer Help Me?
The importance of seeking the help of a knowledgeable car accident attorney cannot be understated. An attorney can:
- Personalize your case strategy
- Investigate and determine fault
- Calculate damages
- Draft and file a lawsuit
- Negotiate with insurance companies
- Reach a fair settlement
- Provide legal representation in a trial
Related Article: Is It Worth Hiring A Michigan Car Accident Lawyer?
Why Clients Choose Matz Injury Law
Clients often turn to the caring attorneys at Matz Injury Law. As a client-first law firm, your well-being matters to us, and we will do what we can to improve your life situation.
Over the decades, we have logged hundreds of thousands of miles traveling to meet with our clients in the Upper and Lower Peninsulas in virtually every county in Michigan. Our highly-rated attorneys have earned more than $300 million for our clients.
We are also a lower-fee personal injury law firm. While most lawyers charge the maximum allowed by law, 33 1/3%, our firm only charges 22%, which means thousands of dollars more go to our clients.
Testimonials
“I cannot speak highly enough of Steve and his team! Everyone is so friendly and professional. Steve always kept me in the loop during the whole process and I tried to do the same. I love that Steve is such an honest person, he’s not going to sugar coat anything but he’s also not rude about it either. Whenever I needed to talk to Steve he was always there and still always will be, I know I can always trust him and if I need anything he will help me out. I seriously couldn’t have asked for a better lawyer to share this journey with, if I had to do it all over again I wouldn’t change my lawyer and if I ever need a lawyer again he will always be my first choice. Suing anyone is really messy and for the most part no one wants to deal with it, but if you have to, make sure you’re choosing the right lawyer. Steve actually genuinely cares about his clients and their well being and he and his team will walk you through anything you need help with, it took a lot of stress off of me knowing Steve and his team were always by my side and I love the feeling of people that actually care about you. They aren’t there to just take your money and whatever happens, happens. I truly believe they are in the business because they care and want to fight to get people justice. Choose right, choose Matz Injury Law and I guarantee you won’t regret it! Thank you Steve and your team for everything you do and have done for me, I can’t thank you guys enough, stay well and amazing!” – Kristina K.
“If you’re looking for an attorney to handle your automobile accident/injury claims, then I highly recommend Steve Matz and his team! When I fractured my skull, he helped me settle my bodily injury claim in a timely manner! He was very attentive, professional, and cordial. It was easy to reach him if I had any questions.” – Alicia C.
“For anyone looking for an attorney please look no further than Matz Injury Law!! Not only was Jared professional, he helped me beyond what I could have asked for. I’m so thankful for you all!!! To say I’m appreciative and grateful is an understatement. There’s no need to look for any other attorneys for you auto accidents!! They are so wonderful!!! Highly recommended 10/10!!!!!” – Tessa C.
Don’t Let Your Pain Go Unnoticed
Proving emotional distress often proves challenging for accident victims and family members. The experienced personal injury attorneys at Matz Injury Law will always be in your corner. We understand not all injuries are visible and that the symptoms associated with mental suffering are very real after a traumatic event.
To learn more about how we can help you pursue fair compensation, contact our law office to schedule a free consultation at 1-866-22Not33 or fill out our online contact form.
Frequently Asked Questions
Some common symptoms of emotional distress after a car accident include:
- Emotional instability
- Difficulty with concentration and attention
- Lack of clarity in thinking
- Irritability
- Mood changes
- Difficulty making decisions
- Inability to solve problems
- Memory loss
- Chronic pain
- Heightened anxiety
- Sleep disruption
- Increased stress
Yes, emotional distress is considered to be a type of personal injury a person can suffer. It encompasses a broad category of psychological damages that can affect your life and happiness. Examples of emotional distress include fear, shock, anxiety, terror, humiliation, embarrassment, nervousness, depression, and other symptoms.
Yes, you can include anxiety as a type of personal injury received from a car accident, as it is categorized under the non-economic damage umbrella. You must prove certain specifics to connect your anxiety to the at-fault party; your personal injury lawyer can determine your eligibility to include anxiety in your personal injury claim.
In Michigan, the statute of limitations for seeking damages related to emotional distress is three years unless certain exceptions apply. You will want to act quickly because it takes time to prove emotional distress and build a strong case.
Receiving compensation for emotional distress is possible without physical injury. However, the process is challenging as individuals must meet the bodily injury threshold or demonstrate an impairment of bodily functions.
Suing for emotional distress can be tricky and requires navigating a complex legal landscape due to its subjective nature. Your safest bet is to hire an experienced car accident lawyer to handle such cases because they will know exactly what is necessary to assemble a strong case.
