Can I Sue for Emotional Distress After a Car Accident in California?
Most people know that after an accident leaves them injured, they may be able to sue for physical damages. However, many victims may wonder whether they can seek compensation for the emotional distress they may suffer from an accident.
Younglove Law Group is a team of dedicated personal injury lawyers with experience helping victims of personal injury. While emotional distress may be difficult to quantify when filing a personal injury claim, it is not impossible with the help of a knowledgeable injury lawyer.
What Is Emotional Distress?
After an accident, 9% of victims may suffer from emotional distress. Just as accident victims suffer physically, emotional distress can also be damaging to victims. Emotional distress is mental suffering or anguish either intentionally inflicted or induced by an incident like an accident. In California, the courts recognize emotional distress as a type of damage resulting from an accident that may be compensated. If you can provide evidence to support your claim, you may sue for emotional distress.
How Can I Sue for Emotional Distress?
If you and your trusted personal injury attorney are building a case to sue for emotional distress after an accident, the following steps may help to strengthen your claim:
- Document your emotional distress: To back up your claims, document your medical and work records and keep a personal journal. Using an electronic health tracker to track your heart rate and sleep schedule may also help build your case.
- Discuss with your attorney: Partnering with an experienced personal injury attorney may help build your claim. Discussing the details of your emotional distress may better help them understand your case as they prepare to represent you.
- File an emotional distress claim: Seek the help of your personal injury attorney. Once you have collected sufficient evidence of your distress, you may move forward with filing a claim.
Once you have decided to move forward with suing for emotional distress, the process may be extended and drawn out. Having a knowledgeable attorney on your side may take some stress away from the situation and provide you with a trusted partner as you seek compensation.
Types of Emotional Distress Claims
There are two different types of emotional distress claims that a victim may file.
Negligent Infliction of Emotional Distress
This is the first way an accident victim may file for an emotional distress claim. In this case, the defendant will have committed an act that caused the victim emotional distress unintentionally. The victim does not necessarily need to be physically harmed in a case of negligent infliction of emotional distress. If the individual was in the danger zone, most jurisdictions may allow the victim to recover damages for emotional distress.
Intentional Infliction of Emotional Distress
When the defendant intentionally or recklessly inflicted emotional distress upon a victim, an individual may choose to file this type of emotional distress claim. Examples of intentionally inflicting emotional distress upon another would be constant tormenting or verbal attacks.
Newport Beach Personal Injury Attorneys Are Here to Help
Suffering physical injuries after an accident may cause many weeks of pain and suffering for a victim, but emotional distress may be just as detrimental to a victim’s well-being. In California, an accident victim may sue for emotional distress, but you should consider contacting an experienced personal injury attorney to help you build your claim.
Younglove Law Group is a team of dedicated personal injury attorneys available to help their clients 24/7. Our legal team has been featured in renowned publications like Advocate magazine for our award-winning representation of each client we help. For a free case review, call (949) 691-3660 or contact us here.
