Emotional Distress Compensation After a Car Accident in Charleston
We often associate car accident damages with spinal cord injuries, brain injuries, fractures, and other physical injuries. Costs are often tied to physical injuries through lost wages and medical expenses, making them relatively easy to calculate. However, emotional distress damages are often overlooked. If you or a loved one has recently experienced emotional or mental trauma following a collision, our car accident lawyers in Charleston, SC, would like to speak with you.
Understanding Emotional Distress After a Car Accident
Emotional distress involves psychological distress following a trauma. This can lead to emotional instability and even physical symptoms. A person who is dealing with emotional distress may feel as though they cannot continue life in the same fashion as they did prior to their accident.
Common Symptoms of Emotional and Psychological Trauma
Emotional distress may manifest as any of the following symptoms:
- Chronic fatigue
- Insomnia and sleep disturbances
- Post-traumatic stress disorder (PTSD)
- Chronic headaches
- Fluctuations in weight
- Digestive issues
- Flashbacks
- Nightmares
- Irritability
- Anxiety and/or depression
How Emotional Distress is Proven Under South Carolina Law
South Carolina law recognizes that emotional distress is a valid personal injury claim. A claimant can sue for either intentional infliction of emotional distress or negligent infliction of emotional distress. Recovery for intentional infliction of emotional distress (IIED) requires that you prove that the at-fault party’s conduct was egregious and that they intentionally caused you distress. An IIED claim is common in personal injury cases involving assault and battery or trespassers who are injured on another person’s property, but not in car accident claims.
Instead, most car accident suits are based on negligent infliction of emotional distress (NIED). Recovery for NIED requires that you prove the following:
- The defendant owed you a duty of care; for example, all drivers must follow traffic regulations to keep other road users safe
- In a car accident, a driver may breach their duty by running a red light, speeding, failing to yield right-of-way, or otherwise ignoring traffic laws
- You suffered emotional distress
- The emotional distress was so severe that it impacted your mental health
Evidence Used to Recover Emotional Distress Damages
Recouping emotional distress damages in court may involve any of the following forms of evidence:
- Medical records: If you are feeling anxiety and/or depression due to your car accident, your mental health therapist may confirm your loss of interest in certain activities, as well as evidence of isolation or unreasonable worry.
- Expert witness testimony: South Carolina courts require that a mental health expert, such as a licensed clinical social worker, psychiatrist, or psychologist, provide proof that you have suffered a “disabling emotional or mental condition” to recover emotional distress damages.
- Witness testimony: Your family members, friends, or co-workers may be able to shed light on how the trauma has impacted your daily life. This may include changes in daily routines, personal or professional relationships, or your general demeanor. Any information indicating emotional or mental variability can strengthen your emotional distress claim.
Speak With a Charleston Car Accident Lawyer About Emotional Distress
Emotional distress can have a psychological, emotional, and physical impact on an accident victim. If you or a loved one has suffered emotional distress following a car accident, contact Mark C. Tanenbaum to discuss your case. Our office can be reached online or by phone at (843) 577-5100 today. We offer free initial consultations.