The consequences of a traffic accident go far beyond warped metal and insurance claims. They are like invisible scars on the soul that don’t bleed, but they hurt just as bad. While physical injuries attract all the attention, invisible wounds – suffocating anxiety, debilitating depression, debilitating insomnia, and paralyzing flashbacks – can be equally devastating. If you are struggling with these symptoms after a California accident the advice of an experienced Fresno car accident lawyer may be a crucial step in determining whether you have a basis for an emotional distress claim. We at Bojat Law Group have seen firsthand how psychological trauma can devastate lives as cruelly as broken bones.
What Is Emotional Distress in Car Accident Cases
Emotional distress refers to the psychological impact of a traumatic event. After a car accident, victims may experience symptoms like:
- Persistent anxiety or fear of driving
- Sleep disturbances or nightmares
- Depression or mood swings
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
While physical injuries are easier to document with medical records, emotional distress is subjective. However, California law recognizes that mental anguish is a legitimate damage in personal injury cases. To succeed in a claim, you’ll need to prove the emotional distress is severe, directly linked to the accident, and caused by the at-fault party’s actions.
Legal Grounds for Suing for Emotional Distress
In California, there are two primary ways to claim emotional distress after a car accident:
- As Part of a Personal Injury Claim
If you suffered physical injuries in the crash, you can include emotional distress damages in your overall personal injury lawsuit. This is called “pain and suffering,” a category of non-economic damages that covers mental anguish. - As a Standalone Claim (Negligent Infliction of Emotional Distress)
In rare cases, you may file a standalone claim for emotional distress even without physical injuries. To do this, you must prove:
- The defendant was negligent.
- You were closely involved in or witnessed the accident (e.g., a parent seeing their child injured).
- The distress is severe and diagnosable by a mental health professional.
An experienced Fresno car accident lawyer can evaluate which approach aligns with your situation.
How to Prove Emotional Distress
Building a strong case for emotional distress requires thorough documentation. Key evidence includes:
- Medical Records: Diagnoses from psychiatrists, therapists, or counselors.
- Medication Prescriptions: Antidepressants, anti-anxiety drugs, or sleep aids.
- Personal Journals: Daily accounts of your emotional state and how the distress affects your life.
- Witness Testimony: Statements from family, friends, or coworkers about changes in your behavior.
- Expert Testimony: A mental health professional’s analysis of your condition.
Insurance companies often downplay emotional distress claims, arguing they’re “unprovable.” A skilled attorney can counter these tactics by presenting compelling evidence and leveraging California’s legal standards.
Compensation Available for Emotional Distress
If your claim succeeds, you may recover damages for:
- Therapy and counseling costs
- Lost wages due to inability to work
- Reduced quality of life
- Pain and suffering
- Punitive damages (in cases of extreme recklessness)
California does not cap non-economic damages in most car accident cases, meaning your compensation reflects the true severity of your trauma.
Why You Need a Fresno Car Accident Lawyer
Emotional distress claims are complex. Without legal guidance, you risk:
- Lowball Settlements: Insurers may offer minimal payouts, hoping you’ll accept out of desperation.
- Denied Claims: Missing deadlines or filing errors can derail your case.
- Insufficient Evidence: Failing to document your distress adequately weakens your position.
At Bojat Law Group, we fight to ensure your emotional pain is not overlooked. Our attorneys:
- Investigate the accident thoroughly to establish liability.
- Collaborate with medical experts to validate your distress.
- Negotiate aggressively with insurers or take your case to trial.
Frequently Asked Questions
Q: Can I claim emotional distress if the accident was minor?
A: Yes. Even low-impact crashes can cause significant psychological trauma, especially if they trigger pre-existing conditions like anxiety.
Q: How long do I have to file a claim?
A: California’s statute of limitations is generally two years from the accident date. Don’t wait—evidence fades over time.
Q: What if my family is affected by my emotional distress?
A: Spouses and children may file “loss of consortium” claims for damage to family relationships.
Don’t Suffer in Silence
Emotional distress is a valid and compensable injury. If a reckless driver turned your life upside down, you deserve justice—not just for broken bones, but for broken peace of mind. At Bojat Law Group, our Fresno car accident lawyers combine compassion with tenacity to secure full and fair compensation. Whether through settlement or litigation, we’ll ensure your voice is heard.
Contact Bojat Law Group today at (818) 877-4878 for a free consultation. Let us help you heal—physically, emotionally, and financially.