Car accidents can leave victims with severe bodily injuries.
However, not all the harm that results from a crash is physical. The lingering psychological effects of a motor vehicle accident can disrupt a survivor’s life just as much as a serious injury can, preventing them from working, engaging in routine tasks, or enjoying activities they did before the collision.
North Carolina law recognizes that emotional distress is real.
Car accident victims can seek compensation for the intangible harm they experienced due to someone else’s negligence. But because psychological harm is a hidden injury, it can be more challenging to prove in a car accident case.
Getting guidance from an experienced attorney can help you understand what it takes to prove emotional distress after a car accident in the Tar Heel State.
What Is Emotional Distress?
Emotional distress refers to the psychological suffering associated with the memory of experiencing or witnessing a traumatic event.
It is generally associated with mental health conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD).
In personal injury claims, emotional distress is often associated with incidents like:
- Motor vehicle accidents
- Dog bites
- Nursing home neglect and abuse
- Premises liability accidents
- Medical malpractice
Many people who experience signs of emotional distress after an auto accident seek support from mental health providers like psychologists, psychiatrists, and licensed clinical social workers.
They may also consult a car accident lawyer to learn their legal options for pursuing compensation for the costs of therapy, counseling, and prescription medications and the overall toll the accident has had on their life.
Common Signs and Symptoms of Emotional Distress
Unlike physical injuries, emotional distress can be difficult to recognize because the signs and symptoms are not immediately apparent.
However, there are certain common signs of emotional distress after a car accident, including:
- Feelings of anxiety or unease
- Mood swings
- Irritability
- Heightened “fight-or-flight” response
- Fatigue
- Sleeping too much or too little
- Changes in appetite
- Overuse of mood-altering substances like drugs or alcohol
- Sudden outbursts
If you notice these or similar signs of psychological distress in the aftermath of a car crash, you may be suffering from emotional distress. Help — both psychological and legal— is available.
Speak to a trusted friend, family member, or experienced car accident attorney for support.
How Do You Prove Emotional Distress After a Car Accident in NC?
North Carolina allows injury victims to file a legal claim when someone else harms them through either their negligent or intentional/reckless conduct.
Proving an emotional distress claim will depend on the facts and the type of claim you are filing.
In North Carolina, you can file a claim for negligent infliction of emotional distress (NIED) or intentional infliction of emotional distress (IIED). Negligence is a legal term that describes a person’s failure to use ordinary care to prevent harming others. Recklessness is worse than mere carelessness.
Rather, it is a conscious indifference to the possibility that one’s actions could injure someone else.
While both types involve emotional harm, proving IIED requires demonstrating that the at-fault party’s conduct was “extreme and outrageous,” “exceeds all bounds usually tolerated by a decent society,” and was intended to cause severe emotional distress.
Whether you file for NIED or IIED, you will need compelling evidence of the at-fault party’s unsafe behavior as well as the specific harm you suffered as a result.
Potential evidence for proving emotional distress may include:
- Medical or mental health records
- Personal journals or contemporaneous notes describing your symptoms and their impact on your life
- Text messages, emails, or other communications discussing your condition
- Witness statements from relatives and friends who observed changes in behavior or mood
- Work records showing missed time, reduced productivity, or accommodations related to the distress
- Documentation of physical symptoms associated with the distress (e.g., insomnia, panic attacks, or weight changes)
Steps to Strengthen Your Emotional Distress Case
Emotional distress claims can be difficult to prove because of the subjective nature of psychological injuries. Steps you can take to support your case include:
- Seeking medical or mental health treatment as soon as possible.
- Following your provider’s recommendations.
- Keeping a journal detailing your symptoms, emotional struggles, and how the distress affects your work, relationships, sleep, and daily activities.
- Saving all relevant records and communications, including medical bills, therapy notes, prescriptions, emails, text messages, and other evidence related to your condition.
- Working with a North Carolina car accident lawyer who can establish the connection between the accident and your emotional trauma and present a strong claim to the insurance company or court.
What Damages Can You Recover for Emotional Distress?
Emotional distress is a type of non-economic damage that you can include in a personal injury claim.
Compensation can include money to cover the cost of treatment, offset the consequences your symptoms have on your work (such as lost wages), and compensate you for ongoing reduced quality of life.
FAQs About Emotional Distress After a Car Accident in NC
How long does it take to prove emotional distress after a car accident in NC?
It is difficult to say how long it will take to prove emotional distress. Everyone’s case is unique.
That said, the sooner you get a medical diagnosis for your psychological condition, the sooner you can prove that it developed as the result of the car accident.
Can emotional distress claims be filed without physical injuries?
Yes. Unlike some states, North Carolina acknowledges that psychological trauma is its own injury even in the absence of physical wounds.
You can still pursue an emotional distress claim in the state even if you did not suffer a physical injury in the car accident. However, these cases are especially difficult to win, so it’s important to work with an attorney who understands how to manage these claims.
Do I need a mental health diagnosis to file an emotional distress claim?
While you do not necessarily need a mental health diagnosis to begin a claim for emotional distress, having one can strengthen your position and make it harder for the insurer to dispute the harm you suffered or its relationship to the motor vehicle accident.
Will documenting my symptoms affect my insurance claim?
Yes. The more documentation you have proving the emotional distress you’ve suffered, the stronger your case will be when seeking compensation for its consequences on your life.
No attorney can ethically guarantee a particular result in any legal matter.
Can I file an emotional distress claim if the other driver was uninsured or underinsured?
Yes. In these circumstances, you can file a claim for emotional distress under the terms of your mandatory uninsured or underinsured motorist (UM/UIM) coverage.
How Can a Durham Car Accident Lawyer Help?
A car accident lawyer can help you prove emotional distress after a car accident by:
Gathering and organizing key evidence, including medical records, witness statements, and documentation showing how the accident affected your daily life
- Working with medical and mental health professionals to establish a clear connection between the car wreck and your emotional suffering
- Presenting the evidence in a way that insurance companies and courts find persuasive, demonstrating the long-term impact of your symptoms
Don’t wait another moment to pursue fair compensation for the psychological harm you’ve suffered in a car accident in Durham.
Contact Kreger Brodish LLP today to discuss your situation during a free consultation.
