Can I Sue for Mental or Emotional Distress After an Accident?
When you think of someone being injured in an accident, you likely think of the losses they suffered due to their physical injuries. These losses, such as lost wages, medical bills, and property damage, are easily quantifiable. But a personal injury victim deserves to be compensated for the mental and emotional suffering as well, which is not as widely talked about.
As part of a personal injury claim, you can sue for psychological harm that you experienced as a result of the accident or injury. This is known as emotional distress. Emotional distress damages are more challenging to recover, but have no less of an impact on a person’s life. Our personal injury accident lawyers in Myrtle Beach understand what conditions must be satisfied to sue for mental or emotional distress.
Signs of Mental or Emotional Distress
A person who experiences emotional distress will be unable to go on living their life in the same way they did before the accident. Emotional distress is a serious condition that causes a person to experience mental suffering and emotional disturbances.
Common symptoms of emotional distress include any of the following:
- Chronic fatigue
- Insomnia
- Flashbacks
- Nightmares
- Post-traumatic stress disorder (PTSD)
- Anxiety and/or depression
- Irritability
- Chronic headaches
- Weight loss or weight gain
Types of Emotional Distress in Myrtle Beach, SC
South Carolina recognizes two types of emotional distress in personal injury suits: intentional infliction of emotional distress and negligent infliction of emotional distress.
Intentional Infliction of Emotional Distress (IIED)
To sue for intentional infliction of emotional distress, or IIED, in South Carolina, you must prove the following:
- Defendant’s conduct was outrageous, or the defendant intentionally or recklessly caused you harm
- The conduct caused you to suffer emotional distress
- Emotional distress was so severe that it adversely impacted your mental health
Negligent Infliction of Emotional Distress (NIED)
Negligent infliction of emotional distress, or NIED, requires that the plaintiff (you) prove that the defendant behaved negligently. The following must be established:
- Defendant owed you an obligation to act with a certain level of care (duty of care)
- The defendant breached that duty
- You suffered emotional distress
- The emotional distress was so severe that it adversely affected your mental health
In some cases, you may be able to file a NIED claim if you were not the actual victim but witnessed the event. In Kinard v. Augusta Sash Door Co., South Carolina adopted the following elements for a bystander claim for NIED:
- A third party must have suffered serious physical injuries or death
- The plaintiff must have been near the accident
- Plaintiff and victim must have been close relatives (such as a child or spouse)
- The plaintiff must have seen or heard the accident
- Plaintiff’s emotional distress must have manifested as physical symptoms, which is confirmed by expert testimony (typically a doctor)
Nobody should suffer in silence, being tormented by something they witnessed. If you are unsure if you meet the criteria for a NIED claim, you should speak with a Myrtle Beach personal injury attorney.
Personal Injury Attorneys Fighting for Justice
An accident can cause mental, emotional, and physical trauma, all of which can make performing daily tasks cumbersome. At Mark C. Tanenbaum, we are dedicated to providing vigorous representation to individuals who have suffered psychological and emotional harm. If you or a family member has fallen victim to a personal injury or accident resulting in mental or emotional distress, our legal team is eager to help.
Contact our Myrtle Beach personal injury lawyers online or call (843) 577-5100 to schedule your free consultation today.