A car accident can disrupt your life in ways you never expect. While broken bones, bruises, and surgeries are obvious signs of trauma, not all wounds are visible. Many accident victims find themselves struggling with emotional pain long after the physical injuries have healed. In New York, recognizing emotional distress as part of a car accident claim can be an important part of pursuing justice and recovery.
When the Crash Is Over, the Trauma Lingers: Understanding Emotional Distress After an Accident
After the chaos of a collision settles, many victims are left dealing with lingering emotional challenges. Emotional distress is the mental and psychological toll left by traumatic events, such as car accidents, affecting an individual’s overall well-being. It’s not uncommon for accident survivors to experience anxiety, depression, insomnia, mood swings, or even post-traumatic stress disorder (PTSD).
Some people develop a fear of driving or riding in vehicles, while others struggle with flashbacks, panic attacks, or overwhelming sadness. These emotional struggles can interfere with work, relationships, and daily activities, creating a cycle of suffering that deserves recognition and, in many cases, compensation.
How New York Law Views Emotional Distress in Personal Injury Claims
In personal injury cases, emotional distress is recognized as a valid type of harm that can be compensated. Generally, emotional distress claims can fall under two categories:
- Negligent infliction of emotional distress (NIED): NIED happens when someone’s careless behavior causes another person significant emotional harm. For example, a distracted driver speeding through a red light and causing an accident may leave survivors traumatized, even if their physical injuries are minor.
- Intentional infliction of emotional distress (IIED): This is a more difficult claim to prove and requires demonstrating that the defendant’s conduct was extreme and outrageous, intentionally or recklessly caused severe emotional distress, and resulted in actual, debilitating emotional harm. The conduct must be so atrocious and intolerable that it goes beyond the bounds of decency in a civilized society.
In the context of a car accident, most emotional distress claims would stem from negligence, such as, for instance, a reckless driver causing a crash that leads to psychological trauma.
In New York, emotional distress may be pursued as an individual claim or included within a broader personal injury case. Most commonly, it falls under the category of “pain and suffering,” which considers both physical discomfort and the emotional toll of an injury.
Also worth noting is that New York courts typically require clear evidence of emotional harm. This could include documented symptoms, a diagnosis from a mental health professional, or testimony about how the distress has impacted your life.
| Related reading: How To Prove Fault For A Car Accident Case |
The Role of Pain and Suffering: Building a Case for Emotional Harm
When pursuing compensation for emotional distress following a car accident, it usually falls within a larger “pain and suffering” claim. Pain and suffering damages are designed to address the physical and emotional toll an accident takes on a victim, offering compensation for the personal impact beyond financial losses.
Proving emotional distress can feel more challenging than proving physical injuries, but it’s definitely not impossible. Key pieces of evidence might include:
- Medical and therapy records, or notes and diagnoses from therapists, psychologists, or psychiatrists;
- Personal testimony, which may include statements about how the emotional distress has changed your daily life, ability to work, relationships, and general well-being; and
- Testimonies from family, friends, or colleagues who can share firsthand observations of noticeable changes in your behavior or mental state.
The impact and length of emotional distress are key factors in determining the worth of a claim. For example, a case where someone suffers from mild short-term anxiety might warrant a different level of compensation compared to one where a person suffers from chronic PTSD, which disrupts the person’s entire life.
Such cases are fairly complex, which is why working with an experienced New York personal injury attorney is invaluable. A skilled car accident lawyer will know how to document, present, and argue for fair compensation for the full extent of your injuries, including the emotional ones.
With Legal Options Available, You Don’t Have to Suffer in Silence
Experiencing emotional turmoil after a car accident is completely valid and deserves attention. In New York, emotional distress is recognized as part of a personal injury claim, offering an opportunity to secure resources that support your path to recovery and healing.At Keith D. Silverstein & Associates, we understand the full impact a car accident can have on your life. If you’re ready to explore your rights and pursue justice, our team is here to help. Contact us today for a consultation.
