Accidents can be harrowing. Pursuing legal action afterward can be, too. This is especially true when suing for emotional distress.
What Is Emotional Distress in a Personal Injury Case?
Although most injuries are evident because they are physical, some are not as apparent. Still, a claimant may be legally compensated in a personal injury case if they can prove emotional distress. This is where it can become challenging. Proving emotional distress can be more complex than proving physical distress; however, the payout may be much higher.
Common Types of Accidents Leading to Emotional Distress:
- Car accidents – Victims may experience PTSD, anxiety, or depression after traumatic crashes.
- Workplace incidents – Exposure to unsafe conditions or workplace harassment can cause emotional harm.
- Medical malpractice – A misdiagnosis or surgical error may lead to prolonged emotional suffering.
- Slip and falls – Serious injuries can result in a loss of independence, causing emotional turmoil.
- Wrongful death cases – Losing a loved one due to negligence can lead to grief-related disorders.
Recognized Symptoms of Emotional Distress:
- Psychological symptoms:
- Anxiety and panic attacks
- Depression and mood swings
- Sleep disturbances, including nightmares and insomnia
- Loss of interest in daily activities
- Feelings of hopelessness or social withdrawal
- Physical symptoms associated with emotional distress:
- Fatigue and headaches
- Increased heart rate and high blood pressure
- Gastrointestinal issues such as nausea or appetite changes
California Law: How Emotional Distress Is Defined
Emotional distress, also called psychological distress, is legally acknowledged as an injury in California. It is defined as: “… an unpleasant mental condition perceived as disturbing and which can impede daily functioning with mental symptoms including agitation, fatigue, confusion, loss of motivation, and depressed mood.” Claimants who are unemployed, female, socioeconomically disadvantaged, not at fault, and required an ambulance at the time of the accident, as well as rehabilitation after the accident, were in more emotional distress than those who were not in one of these categories.
How to Prove Emotional Distress in a California Personal Injury Claim
Proof of emotional distress hinges on evidence indicating a change occurred after the date of the accident. While documenting emotional distress since the point of the accident is crucial, one new form of evidence for this is from sleep and fitness trackers. These devices produce records that provide a before-and-after heart rate and sleep pattern chronology that could indicate a change due to the trauma of an accident. This is solid evidence for a court determining admissibility.
Types of Emotional Distress Claims: NIED vs. IIED
Two types of claims are allowed when considering filing a personal claim in California. The first is a Negligent Infliction of Emotional Distress (NIED) claim, which indicates the defendant unintentionally caused harm to the claimant or witnesses to the accident. The second is an Intentional Infliction of Emotional Distress (IIED) claim, in which the defendant intentionally caused harm to the claimant. Medical records noting a diagnosis of anxiety or depression provide objective support for an IIED claim. In addition, alternate claims involving harassment or abuse by the defendant and affidavits from friends, family, and colleagues noting a behavior change also add to an IIED claim.
California’s Statute of Limitations for Emotional Distress Lawsuits
In California, the statute of limitations is two years from the date of the accident. If symptoms appear after the accident in a Negligent claim, the law allows for up to two years after the onset of symptoms, whether it falls into the category of direct victim or bystander claims.
Can you sue for emotional distress if there are no physical injuries?
Yes, in California, you can pursue a claim for emotional distress even without physical injuries. The California Civil Jury Instructions (CACI) No. 1620 outline the essential factual elements required for a plaintiff to recover damages for emotional distress as a direct victim, even in the absence of physical injury.
What if the emotional distress was caused by workplace harassment?
Emotional distress claims arising from workplace harassment can be pursued under California law. The California Civil Jury Instructions (CACI) No. 1620 provide guidance on recovering damages for emotional distress without physical injury, applicable in cases such as workplace harassment.
How do courts determine the severity of emotional distress?
Courts assess the severity of emotional distress by evaluating factors such as the intensity and duration of the distress, as well as the presence of any physical manifestations. The California Civil Jury Instructions (CACI) No. 1620 specify that the emotional distress must be “serious” and “beyond that which would be anticipated in a disinterested witness.”
Can family members file for emotional distress after a loved one’s accident?
Yes, family members who witness a loved one’s injury can file for emotional distress under the “bystander” theory. The California Civil Jury Instructions (CACI) No. 1621 detail the essential factual elements for a bystander to recover damages for emotional distress without physical injury, including being present at the scene and closely related to the victim.
Understanding California Civil Code 1714 and Liability
Regardless of the type of claim filed, California Civil Code 1714 advocates for liability across the board. It upholds fairness and accountability for all, including legal action protecting personal injury rights. Rendering aid under the Good Samaritan law is one proponent of this code. Bystanders in an accident can assist without fear of being held responsible for unintentional harm to those they render aid to.
Why You Should Hire a California Personal Injury Lawyer for Your Emotional Distress Claim
If you’ve suffered emotional distress after an accident, whether as a direct victim or a bystander, it’s important to understand your legal rights. Emotional distress claims often accompany physical injuries such as car accidents, slip and falls, workplace injuries, medical malpractice, and wrongful death cases. Victims experiencing chronic pain, traumatic brain injuries (TBI), spinal cord injuries, or severe burns may also experience significant psychological impacts that deserve compensation.
Navigating the complexities of emotional distress claims requires experienced legal guidance to gather the right evidence, such as medical records, witness statements, and psychological evaluations. A California personal injury lawyer can help ensure you meet the legal requirements, file within the statute of limitations, and maximize your compensation. Contact our experienced legal team today to explore your options and protect your rights.
