Emotional Distress Compensation After a Car Accident in Charleston

Roughly 2.38 million people are injured in car accidents each year, with thousands of people suffering from permanent disabilities. While it may be easier to prove lost wages, medical expenses, and the costs associated with repairing your vehicle, in some circumstances, you may be entitled to pain and suffering damages, which can include emotional distress.

At Mark C. Tanenbaum, we are committed to helping car accident victims recover the damages due to them. Our car accident attorneys can discuss which situations you may be entitled to emotional distress damages and how to recover as a bystander.

What is Emotional Distress?

Emotional distress, also known as mental anguish, involves the psychological damage that accompanies a traumatic event. These types of injuries can be just as harmful as physical injuries, with the most common presentation being post-traumatic stress disorder (PTSD). The symptoms of PTSD can vary but oftentimes involve trouble sleeping, rapid breathing, nightmares, feeling frightened, and self-destructive behavior. PTSD can interfere with your ability to work and live an everyday life.

Negligent Infliction of Emotional Distress

Negligent infliction of emotional distress, or NIED, occurs when someone experiences emotional harm through another person’s careless behavior. More commonly sought in car accident claims, you must show that the defendant’s carelessness directly caused your emotional trauma. However, key elements must be established to recover compensation for emotional distress.

Proving NIED in a Car Accident Case

In any personal injury case, you must prove that the other party caused your injuries in what is known as causation. To prevail in a Charleston, SC, emotional distress claim, you must establish the following:

• The defendant had a duty to maintain a certain standard of care
• Either through an act or omission, the defendant failed to adhere to the expected standard of care
• The defendant endured emotional distress as a result of the defendant’s failure to maintain such duty
• If the emotional distress was severe

Bystander Claims for NIED

South Carolina allows those directly involved in the accident and bystanders to file emotional distress claims. However, as a bystander, you must be a close relative to the accident victim and have been near the accident when it occurred.

However, as established in Kinard v. Augusta Sash & Door Co., a South Carolina Supreme Court case, the emotional distress you experienced must manifest itself in physical symptoms, which can be established through expert testimony (often of a licensed physician). Physical symptoms may include but are not limited to, severe headaches, high blood pressure, fatigue, and depression.

Additionally, you must establish that your injuries were foreseeable or that it could have been anticipated that another person’s actions would have led to your harm. When you work with our legal team, you can rest assured that we will establish a causal relationship between the wrongful party’s behavior and your injuries.

Tenacious Representation from Our Car Accident Lawyers

Recovering compensation for the infliction of emotional distress requires that you have skilled counsel representing your interests. While it may be possible to sue for NIED, your damages will depend mainly on the severity of your injuries. Retaining dependable legal representation can make all the difference, even if you are entitled to NIED.

While the process is never simple, Mark C. Tanenbaum is prepared to help Charleston residents like you navigate the complex legal landscape to obtain the compensation that is rightfully yours. To arrange your free consultation or to learn more, contact us online or call (843) 577-5100 today.