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Can You Claim Compensation for Emotional Distress After an Accident?

After a car accident, most people focus on physical injuries, medical bills, and property damage. However, accidents also take an emotional toll. Many victims experience anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological conditions that can significantly impact their daily lives. If you’ve suffered emotional distress due to someone else’s negligence, you may be entitled to compensation.

What Is Emotional Distress in a Personal Injury Case?

Emotional distress refers to the psychological impact of an accident, including:

  • Anxiety and panic attacks
  • Depression and mood swings
  • PTSD and recurring flashbacks
  • Sleep disturbances and nightmares
  • Fear of driving or being in a vehicle
  • Loss of enjoyment of life

These emotional effects can last long after physical injuries have healed, making daily activities difficult or impossible.

How Do You Prove Emotional Distress?

Unlike physical injuries that can be diagnosed with X-rays and medical exams, emotional distress can be harder to quantify. However, there are several ways to prove its existence in a legal claim:

  1. Medical Records and Therapy Notes
    • If you’ve sought treatment from a psychologist, psychiatrist, or counselor, their records can support your claim.
    • Documentation of medication prescribed for anxiety or depression can also serve as evidence.
  2. Personal Journals or Testimonies
    • Keeping a journal of your emotional struggles can demonstrate the impact of distress on your life.
    • Testimonies from friends, family, or co-workers can provide insight into changes in your behavior.
  3. Expert Testimony
    • Mental health professionals can evaluate your condition and testify about the psychological impact of the accident.
  4. Your Own Testimony
    • Describing how the accident has affected your daily routine, relationships, and overall well-being can help strengthen your case.

How Much Compensation Can You Get for Emotional Distress?

The amount of compensation for emotional distress varies based on factors such as:

  • The severity of the distress (mild anxiety vs. severe PTSD)
  • The duration of symptoms (temporary vs. long-term emotional harm)
  • The impact on daily life and work (loss of ability to function normally)
  • Medical or therapy expenses related to emotional distress treatment

Since emotional distress is considered non-economic damage, it does not have a fixed dollar amount. However, personal injury lawyers often use multiplier methods—where emotional distress damages are calculated as a multiple of medical bills—to determine fair compensation.

Can You File for Emotional Distress If You Weren’t Physically Injured?

Yes, but it’s more challenging. In Texas, emotional distress claims are often linked to physical injuries in personal injury cases. However, courts may allow claims for emotional distress alone in extreme situations, such as:

  • Witnessing a traumatic event (e.g., seeing a loved one severely injured in a crash)
  • Intentional infliction of emotional distress (e.g., severe harassment or threats)

If you experienced emotional distress without physical harm, consult a lawyer to determine your options.

Getting Legal Help for Emotional Distress Claims

Emotional suffering after an accident is real and deserves recognition. If another party’s negligence caused your distress, you should not have to suffer in silence. At Hildebrand & Wilson, LLC, we help accident victims fight for the compensation they deserve, including damages for emotional trauma. Contact us today for a consultation.