When most people think of damages from car accidents, they think of physical injuries and property damage. However, the emotional toll of a car accident can be just as, if not more, debilitating than the physical. For example, victims may experience flashbacks to the accidents when trying to drive again or even ride in a car driven by someone else.
The legal process can also be emotionally taxing, especially when you try to navigate it alone. At the Law Offices of Greg Promushkin, P.C, our Philadelphia Car Accident Lawyers have experience handling these complex cases and will help you get compensation without adding more to your distress.
What is Emotional Distress?
Emotional distress, also known as mental anguish, is a term that describes the broad range of emotional and mental side effects that can occur after an injury. Emotional distress can present various symptoms, such as anxiety, depression, flashbacks, nightmares, and insomnia.
Additionally, emotional distress can manifest in physical symptoms such as chronic headaches, tension, and fatigue. While physical symptoms are common, it is important to note that emotional distress claims do not require a physical injury.
Common Types of Emotional Distress Claims
Under Pennsylvania law, there are two types of emotional distress claims: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). Each claim requires specific elements to be proven.
- Negligent Infliction of Emotional Distress (NIED)
NIED occurs when someone behaves negligently or carelessly, causing emotional distress. To recover for NIED, a victim must prove either the defendant had a contractual or fiduciary duty toward the victim, the victim suffered a physical impact, the victim was in the “zone of danger” and at risk of physical injury, or the victim perceived a tortious injury to a close relative at the time it occurred. For example, suppose someone is driving recklessly and causes an accident. In that case, they can be held liable for another’s emotional injuries even though they did not intend for anyone to be injured.
- Intentional Infliction of Emotional Distress (IIED)
IIED occurs when the defendant’s international or reckless conduct is so extreme or outrageous that it causes the victim severe emotional distress. As the name suggests, IIED requires that the defendant act with a specific intent to cause the victim distress. This claim may arise from harassment or verbal abuse that causes a victim emotional pain.
What Evidence Do I Need to Prove Emotional Distress?
To win a claim for emotional distress, you not only need to prove that you suffered an emotional injury but that the injury is a direct result of the accident. This can be more complicated than proving a physical injury, as proving that you suffered an injury such as a broken arm is a lot easier than proving you now suffer from nightmares as a result of a car accident.
It is essential to present the court with evidence of the full impact of your suffering. This can be shown through medical records, especially those from psychiatrists. Additionally, ongoing therapy notes and prescription records can be vital to demonstrate to the court that you suffered an emotional injury due to the accident.
How To File An Emotional Distress Lawsuit
In Pennsylvania, you generally have two years after a car accident to file a claim for emotional distress. If you suffered any physical injury from the accident, you can bring your emotional distress claim at the same time as you bring your suit for physical damages. You can also claim an emotional injury without any bodily injury.
When you file your claim, you must have evidence that shows both the damage you suffered and the causation of your injury. Initially, you will most likely file this claim with the defendant’s insurance company. However, if the insurance company denies your claim or does not adequately reimburse you, you may have to file your claim with the courts.
An experienced attorney can Fight the Insurance Company After a Car Accident on your behalf. Additionally, a lawyer can advocate for you in court and construct your case in a way that gives you the best chance of receiving the compensation you deserve.
Need Legal Help? Contact The Law Offices of Greg Prosmushkin
An emotional injury claim can be complicated and add to the stress you’re already facing. It’s important to have someone experienced to guide you through the process.
At The Law Offices of Greg Promushkin, P.C., our dedicated personal injury lawyers are here to assist you every step of the way. We will fight for the compensation you deserve. Contact us today for a free consultation at 215-799-9990!