Serious car accidents often leave visible damage, such as severe injuries and totaled vehicles. But many people overlook the hidden damage they can leave behind as well, such as the psychological toll they take on the parties involved.
If you were the victim of a car accident, you may still be experiencing the emotional effects of this traumatic event and its impact on your life. Can you sue for emotional distress after a car accident? Learn more below, then consult a car accident attorney in New York about the potential value of your case.
What Is Emotional Distress in a Car Accident Case?
Car accident lawsuits often give rise to both economic and non-economic damages. Economic damages are the actual monetary expenses the plaintiff incurs from the accident, such as medical bills, lost wages, and property damage. But non-economic damages account for the other impacts the accident had on the plaintiff’s life that cannot be attributed to a monetary price tag.
Emotional distress is a common non-economic damage plaintiffs pursue in personal injury cases. This damage describes the emotional toll the accident had on the victim’s life and is often tied directly to their physical injuries. A person might be experiencing psychological effects such as anxiety, PTSD, depression, or insomnia after an accident that left them with serious injuries, and emotional distress damages can help make up for these costs.
Over 12,000 people, or approximately 61.5 out of every 100,000 New Yorkers, are hospitalized in New York State each year for motor vehicle accident-related injuries. Additionally, over 136,000 emergency department visits occur each year across the state due to motor vehicle traffic-related injuries. Accidents that cause serious injuries can be extremely traumatic, leading to the need for emotional distress damages.
New York’s Serious Injury Threshold for Car Accident Lawsuits
Can you sue for emotional distress after a car accident? In New York, you generally would file a claim for compensation through your own insurance company first. New York’s no-fault laws require drivers to carry personal injury protection (PIP) insurance, which they would use to pay for their medical expenses and lost wages after an accident, regardless of who was at fault.
When an accident meets New York’s serious injury threshold, the not-at-fault driver may have the right to sue the at-fault driver for additional damages. This is when non-economic damages like emotional distress might come into play.
The serious injury threshold requires accident victims to sustain injuries that are severe or permanent in order to sue for non-economic damages. Examples of injuries that meet these criteria include:
- Muerte
- Desmembramiento
- Desfiguración significativa
- Permanent loss/limitation of a body function
- Pérdida de un feto
An injury that is medically determined to prevent a person from performing their usual activities for at least 90 out of the 180 days immediately following an accident would also meet this threshold.
When Might Emotional Distress Be an Applicable Damage in Car Accident Cases?
If you want to sue for emotional distress after a car accident, you need to prove that the severity of the accident warrants these damages. Generally, emotional distress arises after accidents with serious, life-altering injuries. The stress of the car accident itself might not be enough to prove that you require additional compensation for emotional trauma.
Having documentation of a mental condition that arose from the accident, such as severe anxiety, depression, or PTSD, can help you prove grounds for this damage. You may be able to provide medical records, or your mental health provider may offer notes or testimony about your condition.
Your car accident lawyer in Queens, NY, can help you understand whether you can prove emotional distress in your case and the types of evidence you may provide.
Calculating the Value of Emotional Distress Damages
Emotional distress and other non-economic damages can be challenging to quantify. Attorneys often use one of two methods to calculate non-economic compensation in a car accident:
- The multiplier method involves assigning a multiplier between 1.5 and 5 to the case to represent the severity of injuries. The plaintiff would then multiply their economic damages by this figure.
- The per diem method involves estimating the value of non-economic damages per day, then multiplying that number by the number of days until recovery.
While the courts do not generally recognize these methods, they can be used to back up the value of non-economic damages like emotional distress that you are seeking in your legal claim.
Consult an Auto Accident Attorney in New York
Can you sue for emotional distress after a car accident? Your car accident lawyer in New York will help you understand the potential for non-economic damages in your negligence claim.
Whether you are suing for liability for a trip-and-fall accident in a store or navigating the compensation process after a car accident, Elliot Ifraimoff & Associates, PC, has the legal experience and dedication to represent your case and protect your rights. Schedule a free consultation today by calling 718-205-1010.
Preguntas frecuentes
What are the signs of emotional damage after a car accident?
Signs of emotional damage after a car accident might include increased anxiety, emotional instability, chronic fatigue or insomnia, avoidance of triggers (i.e., driving or riding in a car), hypervigilance while driving, and a range of other symptoms. Seeking therapy after a traumatic car accident is often wise. You may also be able to seek compensation for the emotional damage of your accident.
How much can you sue for emotional distress after a car accident?
The value of emotional distress after a car accident depends on factors like the severity of injuries, the long-term impact of the accident, and the types of mental health conditions that have arisen. Damages might range from a few thousand dollars to over one hundred thousand dollars in some cases.
How can an attorney help you sue for emotional distress?
An attorney can help you prove emotional distress damages through medical documentation and testimony and understand the potential value of your non-economic damages as a whole. They can guide you through the compensation process and help you protect your legal rights.