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When we think of car accidents, most people picture crumpled vehicles, physical injuries, and the chaos of the accident scene. While tangible damages occur, another layer of harm may not be as apparent—the emotional and psychological toll of the accident. Car accident victims in South Carolina may be entitled to recover compensation for emotional distress. These damages are as real as physical injuries but are far more challenging to quantify and prove. Understanding how to file a claim for emotional distress can help ensure you are compensated for this type of harm.
What Is Emotional Distress in the Context of a Car Accident?
Emotional distress falls under the general category of noneconomic damages, which are meant to compensate victims for subjective, intangible losses that cannot be easily measured in dollars and cents. The term refers to the psychological impact of a car accident, which may involve post-traumatic stress disorder (PTSD), anxiety, depression, or an overwhelming fear of driving. Although emotional distress does not show up on an X-ray like a broken bone, the effects can be debilitating. It can impact a victim’s ability to work, maintain relationships, and carry out daily activities.
How Does South Carolina Law Treat Emotional Distress Claims?
South Carolina courts recognize that injured parties may recover damages for emotional distress in personal injury lawsuits. However, evidence is required to prove the distress is genuine and directly tied to the incident, and the distress must be significant enough to impact the victim’s quality of life. For a claim to succeed, the plaintiff must show that emotional distress meets one of the following criteria:
- Negligent Infliction of Emotional Distress (NIED): This is common in car accidents. The injured party must prove that the at-fault party’s negligence caused the emotional harm.
- Intentional Infliction of Emotional Distress (IIED): This type of distress occurs when a person’s extreme or outrageous behavior directly causes severe emotional trauma.
What Types of Evidence Support an Emotional Distress Claim?
Emotional distress is not visible like physical injuries, which makes gathering evidence even more critical. Insurance companies and courts need tangible proof of real and substantial emotional suffering. The following types of evidence can help build your case:
- Medical diagnoses and records: A mental health professional can diagnose a condition, such as PTSD, and document how it is linked to a car accident.
- Counselor or therapist notes: Regular sessions with a therapist serve as evidence of emotional distress.
- Testimony from friends and family: Statements from individuals who know you well can provide insight into the accident’s impact on your emotional state and behavior.
- Personal journals: Keeping a written record of your emotional state and how the accident has affected your daily life can help illustrate your suffering.
- Expert witness testimony: A psychologist or psychiatrist can provide testimony about the severity of your emotional distress and its connection to the car accident.
What Is the Role of Insurance Companies in Emotional Distress Claims?
When you file a claim for emotional distress, you will likely first deal with an insurance company. Although accident victims in South Carolina may seek compensation for noneconomic damages, insurers can be skeptical. They may argue that your distress was caused by something other than the car accident or that it is not severe enough to warrant compensation. It is vital to have a skilled personal injury attorney who will negotiate with the insurance companies, present them with compelling evidence, and who can take your case to court if necessary.
How Is Compensation for Emotional Distress Calculated?
There is no cap on noneconomic damages for personal injury, except in medical malpractice claims, under the South Carolina Code of Laws, Title 15, Chapter 32, Article 3: Noneconomic Damage Awards. If you present a compelling case for emotional distress, you may recover substantial compensation. Placing a value on emotional distress is far from straightforward, and there is no set formula for calculating compensation. Courts and insurance companies consider various factors, including the following:
- Severity and duration of emotional distress
- Cost of therapy and other treatments
- Circumstances of the accident
- Impact on your ability to work and your daily life
What Factors Can Affect an Emotional Distress Claim?
The success of a claim for compensation for emotional distress can be affected by the following factors:
- The severity of the accident: Catastrophic accidents carry more emotional weight and are more likely to result in compensation for emotional distress than minor fender benders.
- Physical injuries: Emotional distress claims are often stronger when accompanied by significant physical injuries.
- Credibility of the evidence: The more credible and comprehensive your evidence, the stronger your claim will be.
- Personal history: When a plaintiff has a history of mental health issues, the defense may argue that the emotional distress is unrelated to the accident. Pre-existing conditions do not disqualify a victim from making a claim. However, solid evidence is needed to link emotional distress to the accident.
Do You Need a Lawyer for an Emotional Distress Claim?
If you have suffered emotional distress after a car accident, your best chance of recovering compensation is to have an experienced personal injury attorney handling your case.
Filing an emotional distress claim is a complex process that requires legal expertise. Our seasoned car accident lawyers at Schiller & Hamilton Law Firm have over 70 years of combined experience. We take a client-centered approach that allows you to focus on your recovery while we pursue the compensation you deserve. To find out how we can help, contact our firm at 803-902-4583 to schedule a free consultation.
