What Types of Damages Do Car Accidents Cause?
A serious car accident can cause more than property damage and physical injuries. It can also leave severe emotional scars. In Santa Barbara County, where serene roads and picturesque landscapes can suddenly turn into chaotic crash scenes, victims may find themselves facing much more than medical bills and car repairs. Emotional distress can linger long after the crash is over. Can you sue for emotional distress after a car accident in California? The answer is yes, but it is not as straightforward as claiming physical injuries, and navigating the process can be complex.
What Is Emotional Distress Caused by Car Accidents?
In a legal context, emotional distress is mental anguish or suffering caused by the intentional or negligent actions of another person. It falls under the broad category of non-economic damages, which address subjective losses that are not easily quantifiable, such as pain and suffering. Emotional distress damages are often awarded in cases where victims have endured severe mental suffering. While physical injuries are measurable, emotional distress involves intangible injuries that may manifest as depression, anxiety, insomnia, or post-traumatic stress disorder (PTSD). They may affect a victim’s ability to work, maintain relationships, or enjoy life.
How Does California Law Address Emotional Distress Claims?
California follows the “eggshell plaintiff” doctrine, meaning the offender must accept the victim as they are, and any pre-existing conditions or vulnerabilities do not lessen the offender’s responsibility. The legal basis for recovering compensation for intangible losses, including emotional distress, is found in the California Civil Code Section 1431.2. Our state recognizes these two main types of claims for emotional distress:
- Negligent Infliction of Emotional Distress (NIED): Occurs when a person’s negligent actions cause emotional harm to another. For example, if a driver who is texting causes a crash that leaves a victim with emotional distress, that victim may have grounds for an NIED claim. To succeed, the injured party must prove the distracted driver’s negligence. The California Civil Code Section 1708, which establishes a general duty not to harm others, forms the foundation for negligence claims, including NIED.
- Intentional Infliction of Emotional Distress (IIED): Because it involves deliberate actions intended to cause harm, this type of claim is less common in car accident cases. If a driver intentionally and deliberately causes a crash to frighten or harm another person, a victim with resulting emotional trauma could pursue an IIED claim. Proving intent, which requires clear evidence, can be challenging.
What Are the Challenges of Proving Emotional Distress?
Emotional distress does not show up on X-rays, CAT scans, or MRIs like physical injuries. As the injuries are not physically visible, it makes a claim for emotional distress more difficult to prove. The following are common hurdles car accident victims face:
- Subjectivity: Emotional distress is inherently subjective. What is traumatic for one person may not be for another. For this reason, courts must rely heavily on evidence to assess the severity and validity of claims.
- Documentation: Insurance companies and judges expect thorough documentation of emotional distress. This may include medical records from therapists or psychiatrists, medication prescriptions, or mental health expert testimony.
- Pre-existing conditions: If a victim had mental health issues before a car accident, opposing parties may argue that the emotional distress is not attributable solely to the crash, in which case the victim must prove that the accident worsened the condition.
How Can You Strengthen an Emotional Distress Claim After a Car Accident?
If you have suffered emotional distress because of a car accident in Santa Barbara County, taking the following steps can help strengthen your claim:
- Get medical attention: See a medical professional as soon as you notice symptoms of emotional distress. Early treatment establishes a clear link between the car accident and your emotional suffering.
- Document your symptoms: Keep a detailed record of how the accident has affected your emotional well-being. Document nightmares, panic attacks, mood swings, and any other symptoms, noting how they interfere with your daily life. A personal account can serve as compelling evidence.
- Seek expert testimony: A mental health professional may serve as an expert witness, providing valuable testimony to validate your claim. An expert diagnosis carries weight in court, as does an expert opinion of how an accident has impacted a victim’s mental health.
- Work with a personal injury attorney: Proving an emotional distress claim is a more complex legal process. An experienced personal injury lawyer can investigate your accident, gather evidence, negotiate with insurance companies on your behalf, and present a strong case if your claim goes to court.
Can You Sue for Emotional Distress If You Were Not Physically Injured?
Emotional harm can be a standalone claim in California. In Molien v. Kaiser Foundation Hospitals (1980 27 Cal.3d 916, The California Supreme Court established that physical injury is not required for a claim of negligent infliction of emotional distress. In Dillon v. Legg (1968) 68 Cal.2d 728, the court set the standard for NIED bystander claims, allowing individuals who suffer emotional harm from witnessing an accident to recover damages. The decision outlines factors including relationship to the victim and proximity to the accident.
Why Work With Our Firm?
At James McKiernan Lawyers, we understand the complexities of emotional distress claims. Our firm has represented injury victims for over 50 years and has handled tens of thousands of cases. We know emotional harm from a car accident is real and can be as debilitating as physical injuries. Contact us at 805-476-4304 for skilled legal representation to effectively pursue a claim for emotional distress after a car accident in Santa Barbara County.
