A crash can cause lasting anxiety, nightmares, fear of driving and other emotional harm even when injuries are modest. These losses can be part of a claim, but they need support.
What counts
- Anxiety and panic attacks.
- Post-traumatic stress disorder.
- Depression and sleep problems.
- Fear of driving or riding in a car.
- Loss of enjoyment of daily life and activities.
How it is claimed
Emotional distress is usually part of pain and suffering, a non-economic damages category. Costs of counseling and treatment are economic damages. Some states limit non-economic damages or require a physical injury or a threshold of seriousness, especially in no-fault states.
Evidence that helps
- See a doctor or mental health professional and follow treatment.
- Keep records of diagnoses, therapy and medication.
- Keep a simple journal of symptoms and how they affect your day.
- Gather statements from family or coworkers about changes they noticed.
- Keep bills and proof of missed work.
Insurer pushback
Insurers may argue the distress is exaggerated or due to other causes. Consistent treatment and honest records are your best answer. Avoid posts on social media that contradict your symptoms.
Related guides
See our guides to pain and suffering compensation, injury settlement amounts and choosing a personal injury lawyer. If you are struggling, mental health support is available through your doctor or crisis lines such as 988 in the United States.
Frequently asked questions
Do I need a physical injury to claim emotional distress?
Often yes, but rules vary by state and by the type of claim.
How much is emotional distress worth?
There is no fixed amount. It depends on severity, duration, evidence and state rules.
Do I need a therapist's records?
They are strong evidence, though your doctor's notes and other records also help.