Yes. California law recognizes that emotional suffering is just as real and deserving of compensation. Many people experience “invisible” injuries after a car accident – feelings of extreme anxiety, distress or even PTSD that others cannot see but that you feel deeply.
These emotional wounds can be just as challenging as physical injuries like whiplash or concussions. It can affect your work, relationships and your everyday life in profound ways. You might find yourself struggling with tasks that used to be simple or feeling disconnected from loved ones.
How is emotional distress compensated?
California courts consider emotional distress as part of “non-economic damages” in injury cases. They don’t treat emotional distress separately but view it as one component of the total harm you suffered from the accident. Non-economic damages include hard-to-quantify impacts such as:
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Loss of companionship or intimacy
- Damage to reputation
Remember, this list doesn’t cover everything. Your case may involve other types of non-economic damages. You can also claim “economic damages” for expenses such as medical bills, therapy costs and lost wages.
How do courts assess emotional distress?
Courts might consider several factors:
- Severity and duration: Courts can examine how deeply and for how long the emotional distress affects your life. They may look for ongoing symptoms like persistent feelings of fear, nightmares, anxiety or depression.
- Physical signs: Courts might consider any physical symptoms that result from your emotional trauma. These can include insomnia, headaches, weight changes or other health issues.
- Reasonableness: Courts look at whether your emotional response makes sense given what happened. They may compare your reaction to how a typical person might respond in a similar situation. Courts might consider severe anxiety about driving after a serious car accident reasonable. However, they might view extreme distress over a minor fender bender with no injuries as less reasonable.
It’s important to remember that courts evaluate each case individually. Your personal circumstances, medical history and the specific details of the accident all play a role in how they assess your claim.
Know that help is available
Car accidents can shake us to our core. While some anxiety is normal, prolonged emotional distress can severely affect your life. An attorney can help you understand your rights, explore your options and advocate for the care and compensation you deserve.