A car accident can be emotionally distressing no matter how serious. Our bodies go into a “fight or flight” state to try to protect itself. This state is actually a flood of adrenaline and can cause car accident victims to believe that they aren’t injured. Sometimes injuries can take time before they are processed by the body because of this.
And there isn’t always just physical injury in a car accident. Depending on the severity, there can be expensive medical treatment, missed work, and property damage. If a settlement can’t be reached, the added stress of a lawsuit is thrown into the mix. All of these things together can cause extreme mental anguish.
When it comes to proving emotional distress, the courts look at “emotional distress” in a very specific way. Unless there is intent to harm or recklessness beyond being negligent, emotional distress damages will be included as part of pain and suffering.
In California, there are two main types of emotional distress causes of action (a cause of action is the name of a claim). They are: 1) intentional infliction of emotional distress; and 2) negligent infliction of emotional distress.
What is Intentional Infliction of Emotional Distress?
Every cause of action has “elements.” A plaintiff must meet every element of a cause of action to prove their claim. If they can’t prove all of them, or the defendant can defend one of them, the claim will fail.
Intentional infliction of emotional distress is defined by the California courts as:
1. That the defendant’s conduct was outrageous;
2. That defendant intended to cause emotional distress; or acted with reckless disregard knowing that the plaintiff would suffer emotional distress and the plaintiff was present;
3. The plaintiff suffered severe emotional distress; and,
4. The defendant’s conduct was a substantial factor in causing the emotional distress.
As you can see, intentional infliction of emotional distress requires “intent.” This means that the defendant had to act in a way that they KNEW would cause emotional distress. A car accident, is typically just that, an accident.
It’s arguable that if someone ran a red light they were acting outrageous or with a reckless disregard. However, they have to know the plaintiff was present and that their acts would result in emotional distress. The standard for proving this is extremely high and usually doesn’t apply to car accidents. One example where this claim could be used is where the at-fault driver was driving drunk.
What is Negligent Infliction of Emotional Distress?
Negligent Infliction of Emotional Distress is slightly different. When someone is in a car accident and they are injured they will sue under what is called “negligence.” However, if someone who has a close relationship with the victim was at the scene when things happened, they may be able to bring a claim for emotional distress subject to strict requirements.
Negligent Infliction of Emotional Distress is defined in California as:
1. The defendant negligently caused the injury/death of the plaintiff;
2. Plaintiff was present at the scene of the injury and the victim was injured;
3. Plaintiff suffered serious emotional distress;
4. Defendant’s conduct was a substantial factor.
The main example for this type of claim is where a mother and her daughter witness their son/brother die in a car accident. They suffered enormous emotional distress as a result. The court found that because they were in the “zone of danger,” they could seek damages for emotional distress. This means that if a bystander who witnesses the negligent death or injury of someone close to them, they may recover for resulting trauma even though they weren’t injured.
How do I recover for emotional distress after a car accident?
Emotional distress is included as part of “pain and suffering” in a negligence claim. It is not a separate claim like those discussed above. Pain and suffering is an all-inclusive term that applies to physical and emotional trauma related to the accident. It can be supported by showing the following: intensity of distress, duration of pain, related bodily harm, underlying cause of pain, and a doctor’s note on your psychological symptoms. If the emotional distress is significant, it will require the diagnosis of a medical professional detailing how the car accident was the cause.
Emotional distress can be difficult to prove because it is subjective. It is hard to prove what is going on in someone’s mind and how much the injuries have effected them.
Evaluating a car accident claim can be difficult. If there is emotional distress involved, it can be very hard to put a number on it because of its subjectivity. We are here to help if you would like to have your case evaluated. Please give us a call at (916) 619-5452.
