Can I Recover for Emotional Distress After a Car Accident?

There are many types of damages that are recoverable after an auto accident. Most of which are actual physical injuries to your body or vehicle. But you may also recover the mental or emotional distress that manifests from an auto accident.

Below we will cover common questions related to emotional distress and auto accident cases. We’ll also cover actual emotional distress car accident settlements and verdicts to show how the law is applied.

What is Emotional Distress in a Car Accident?

Mental or emotional distress is a type of recognizable form of damages that is recoverable in an auto accident case or other personal injury case.

Mental or emotional distress is sometimes lumped in with the pain and suffering component of damages but is actually a distinct form of damages. As the court in Parkway Co. v. Woodruff put it, “emotional distress is the suffering that is present that is not directly related to mental suffering from physical pain. It is beyond just worry or anger. Emotional distress can be more accurately described as “grief, severe disappointment, indignation, wounded pride, shame, despair and/or public humiliation.” Parkway Co. v. Woodruff, 901 S.W.2d 434, 444 (Tex. 1995).

In most states, you can recover for emotional distress either as a part of the pain and suffering component of your physical injury case or as a separate cause of action known as Negligent (or Intentional) Infliction of Emotional Distress where a physical injury may not be required.

Here are some examples of emotional distress in a car accident:

Example #1: Paula Plaintiff suffers from extreme anxiety every time she drives in a car after she was rear-ended at a high rate of speed by an 18-wheeler on a highway. The fear is so overwhelming when she drives that she sweats profusely, her heart races, and she becomes completely numb with fear.

Example #2: Paula Plaintiff was seriously injured in an auto accident and thoughts are running through her mind that she may not be able to walk again due to her spinal injuries.

Example #3: Paula Plaintiff was killed while she crossed the street in a busy intersection. Paula wasn’t killed instantly and experienced 30 seconds of the terror of her imminent death.

Example #4: Paula Plaintiff suffered minor soft tissue injuries in an auto accident. She lives paycheck to paycheck and is a single mother. She is worried she will have to miss two weeks of work because she will not be able to keep up with the physically demanding duties of her job as a sever at a restaurant.

Example #5: Paula Plaintiff was walking across the street with her young daughter in a crosswalk when a careless driver hit her daughter, severely injuring her. Paula suffered extreme emotional distress witnessing her young daughter almost get killed in front of her eyes.

Emotional distress following an auto accident can manifest in various ways, often depending on the severity of the accident, personal resilience, and prior experiences.

Here are some common types:

1. Acute Stress Reaction: This is a short-term reaction to a traumatic event. Symptoms might include anxiety, agitation, and disorientation, often occurring immediately after the accident.
2. Post-Traumatic Stress Disorder (PTSD): PTSD can develop if the distress from the accident persists for more than a month and interferes with daily functioning. Symptoms include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident.
3. Anxiety Disorders: Generalized anxiety or specific phobias related to driving or being in vehicles can develop. Individuals might experience excessive worry, panic attacks, or avoidance behaviors.
4. Depression: Symptoms might include persistent sadness, loss of interest in activities, changes in sleep or appetite, and feelings of hopelessness. Depression can be triggered or exacerbated by the trauma of the accident.
5. Guilt or Survivor’s Guilt: If others were injured or killed in the accident, individuals might experience guilt about surviving or surviving with fewer injuries than others.
6. Grief: If the accident resulted in the loss of a loved one, grief can be profound and encompass a range of emotions including sadness, anger, and disbelief.
7. Anger and Frustration: Feelings of anger might be directed at oneself, other drivers, or even the insurance company. This can lead to frustration and difficulty managing emotions effectively.
8. Sleep Disturbances: Trouble sleeping, nightmares, or insomnia can result from the emotional trauma of the accident.
9. Avoidance Behavior: Individuals might avoid situations or places associated with the accident, including driving, which can impact their daily life and independence.
10. Flashbacks or Intrusive Thoughts: Recurrent, distressing memories or mental images of the accident that intrude into daily life can be a sign of severe emotional distress.

How Do You Prove Emotional Distress?

First, as a plaintiff in your case, you will have the burden to prove that the defendant’s negligence caused actual damages by “preponderance of the evidence.” “Preponderance of the evidence” is a burden of proof standard in most civil cases in the U.S. And it just means in auto accident cases, more likely than not, negligence occurred, causing damages.

Second, it will depend on the type of case you’re claiming—either one under Negligence or one under Negligent Infliction of Emotional Distress or one under Intentional Infliction of Emotional Distress—as to how you prove your emotional distress case:

Negligence – Physical Injury

If your state does not recognize a separate cause of action for Negligent Infliction of Emotional Distress or the emotional distress flowed from the physical injuries you’ve suffered, then you’ll typically be seeking recovery under a negligence cause of action.

For negligence, you must typically prove four elements in order to recover damages. The elements of negligence are typically broken down as follows:

• a duty requiring the defendant to conform to a certain standard of care;
• a breach by the defendant of that standard;
• a causal connection between the defendant’s conduct and the resulting injury; and
• actual damages.

The first element, “duty,” is a legal matter for the court to decide and involves determining whether the defendant was obligated to conform to a certain standard of conduct to protect others against unreasonable risks.

The second element, “breach,” requires showing that the defendant failed to meet the required standard of care. This involves demonstrating that the defendant’s actions or omissions fell short of what a reasonably prudent person would do under similar circumstances.

The third element, “causation,” involves proving a causal connection between the defendant’s breach and the plaintiff’s injury. This includes both “cause-in-fact” and “legal cause.” “Cause-in-fact” means that the injury would not have occurred “but for” the defendant’s conduct, while “legal cause” involves determining whether the defendant’s actions were closely enough connected to the injury to hold them legally responsible.

Finally, the fourth element, “actual damages,” requires the plaintiff to show that they suffered a real and compensable injury as a result of the defendant’s breach. Without actual damages, a negligence claim cannot be sustained.

Negligent Infliction of Emotional Distress (NIED)

A NIED case can be made when physical injuries weren’t necessarily suffered but emotional distress resulted.

Most states no longer require that there be a contemporaneous traumatic physical injury in order to recover emotional distress damages. But in many states NIED will be limited by what is known as the “impact rule.” The “impact rule” limits recovery in cases where the harm is purely emotional.

There are two types of NIED cases: Direct Victim and Bystander cases.

Direct Victim Case

Cases where the plaintiff is placed in immediate bodily harm and suffers emotional distress as a result, the defendant may be liable under NIED.

Example #1: Plaintiff is a passenger in a bus. The bus driver negligently turns left in front of an 18-wheeler as he makes a left-hand turn. The bus bursts into flames on impact and the plaintiff narrowly escapes without any physical injuries but suffers from extreme emotional distress from the danger of immediate bodily harm.

Bystander Case

Cases where the plaintiff witnesses a close family member, such as a spouse, parent, or child, being injured by defendant and the plaintiff experiences emotional distress, as a result, the defendant may be liable under NIED.

Example #5 above is a perfect example of a Bystander case where the plaintiff may recover for pure emotional distress damages. Paula Plaintiff suffered severe emotional distress by witnessing her young daughter almost get killed by defendant right in front of her eyes. She suffered compensable emotional distress, as a result.

Intentional Infliction of Emotional Distress (IIED)

Another cause of action can be brought where physical injuries were not suffered but severe or extreme emotional distress resulted. IIED allows recovery if the defendant acted intentionally or at least with reckless disregard. This means negligence isn’t enough to recover under IIED, which might make it more difficult to prove. To recover under IIED, plaintiff must prove:

• outrageous conduct by the defendant;
• the defendant’s intention of causing, or reckless disregard of the probability of causing, emotional distress;
• the plaintiff’s suffering severe or extreme emotional distress; and
• actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.

Example #1: Plaintiff’s enemy, defendant, spots plaintiff exiting his vehicle, which is parked outside of his home. Not intending to physically touch plaintiff, defendant speeds up to 80 miles per hour and attempts to swerve in front of plaintiff to scare him. But then loses control of his vehicle, slamming into both plaintiff’s vehicle and home, causing extensive damage. Plaintiff now suffers from severe anxiety and post-traumatic stress syndrome from the accident. Plaintiff may be able to recover for IIED.

Now, let’s turn the discussion to the ways in which you can prove your emotional distress case.

There are several ways you can prove emotional distress in your auto accident case. It will depend on where you are in the timeline of your case—whether you’re negotiating your case with the insurance company or presenting your case to a jury—as to how you will present your evidence.

The insurance company valuing your case, or a jury, will examine the evidence you’ve presented to see if emotional distress compensation is reasonable.

Insurance companies may use claims adjusting software to assign a pain and suffering component on top of your other damages that you’ve claimed, such as your medical expenses and lost wages.

On the other hand, juries will be given an instruction to provide a sum of money that would fairly compensate you for mental, physical, emotional pain and suffering experienced and that with reasonable probability will be experienced in the future.

While live testimony will be the most common method in introducing evidence of emotional distress during trial, that may not be a practical method if you’re negotiating with the insurance company prior to trial. In that case the better method in proving emotional distress would probably be submitting medical records and other written documentation and affidavits of medical experts and other witnesses.

The following are types of evidence that can help establish your case for emotional distress:

Expert Witness Testimony

An expert witness can be either your treating psychologist, psychiatrist, counselor, or other health professional or one hired to give an opinion on the state of your emotional distress diagnosis, prognosis, cause, and severity.

In addition, expert witnesses may also testify as to how the emotional distress impacted your finances.

Witness Testimony

The testimony of family members, friends, co-workers, or supervisors can also be helpful in proving your emotional distress. They can testify as to how you were before the accident and how you are now after the accident.

Personal Testimony

Obviously, your testimony will be extremely important in proving your emotional distress damages. Specifics about the emotional suffering, how if disrupts your daily routine, relationships, and well-being.

Medical Records

Medical records from healthcare providers regarding psychological or emotional symptoms, diagnoses, and treatments is crucial in proving up your emotional distress damages.

Personal Records

Personal records such as your journal or diary, or other communication records, such as text messages, emails, or letters regarding your mental state.

Now let’s go over some state specific laws on how you prove emotional distress:

Arizona

In Arizona, you can claim emotional distress in your auto accident case either as part of your negligence case as general damages, if you’ve suffered physical injuries, or as a NIED or IIED case.

Negligence in Arizona

Under Arizona law, you must prove the following to establish a case in negligence:

• That the defendant had a duty to conform to a certain standard of care. This duty is an obligation recognized by law, requiring the defendant to act in a manner that protects others against unreasonable risks of harm.
• That the defendant breached this duty by failing to conform to the required standard of care. This breach is a deviation from the expected conduct that the duty imposes.
• There must be a causal connection between the defendant’s conduct and the resulting injury. This includes both cause-in-fact and legal (or proximate) causation, meaning the breach must be directly linked to the injury suffered by the plaintiff.
• Actual damages resulted from the breach. This means that the plaintiff suffered a quantifiable loss or harm as a direct result of the defendant’s actions.

NIED in Arizona

NIED is a separate cause of action in Arizona. In Arizona, a plaintiff can bring a claim for NIED if they meet specific criteria. The plaintiff must witness an injury to a closely related person, suffer mental anguish that manifests as physical injury, and be within the “zone of danger.” Kaufman v. Langhofer, 223 Ariz. 249. This means that the plaintiff must have been in close proximity to the event causing the injury and experienced a direct threat to their own physical safety. State Farm Mut. Auto. Ins. Co. v. Connolly, 212 Ariz. 417, Hislop v. Salt River Project Agric. Improvement & Power Dist., 197 Ariz. 553.

Additionally, Arizona law recognizes that a plaintiff can claim NIED even if they did not witness an injury to another person, as long as the plaintiff’s emotional distress resulted from a threat to their own personal security. This distress must manifest in a physical way, although physical impact is not necessary. Quinn v. Turner, 155 Ariz. 225, Huffman v. Jackson, 2017 Ariz. Super. LEXIS 1409.

IIED in Arizona

To prove IIED in Arizona, a plaintiff must establish three key elements. First, the defendant’s conduct must be extreme and outrageous. Second, the defendant must either intend to cause emotional distress or recklessly disregard the near certainty that such distress will result from their conduct. Third, severe emotional distress must indeed occur as a result of the defendant’s conduct. Ford v. Revlon, Inc., 153 Ariz. 38, Christakis v. Deitsch, 250 Ariz. 246, Shepherd v. Costco Wholesale Corp., 246 Ariz. 470.

Extreme and outrageous conduct is defined as behavior that is so outrageous in character and so extreme in degree that it goes beyond all possible bounds of decency and is regarded as atrocious and utterly intolerable in a civilized community. This conduct must completely violate human dignity and strike to the very core of one’s being, threatening to shatter the frame upon which one’s emotional fabric is hung. Christakis v. Deitsch, 250 Ariz. 246, Shepherd v. Costco Wholesale Corp., 246 Ariz. 470, Nelson v. Phoenix Resort Corp., 181 Ariz. 188.

The court must make a preliminary determination as to whether the conduct may be considered so outrageous and extreme as to permit recovery. This issue may only go to the jury where reasonable minds may differ. Even if a defendant’s conduct is unjustifiable, it does not necessarily rise to the level of being atrocious and beyond all possible bounds of decency. Nelson v. Phoenix Resort Corp., 181 Ariz. 188.

California

In California, you can also claim emotional distress in your auto accident case either as part of your negligence case as general damages, if you’ve suffered physical injuries, or as a NIED or IIED case.

Negligence in California

To prove negligence under California law you must show:

• a legal duty to use due care;
• a breach of such duty;
• the breach was the proximate or legal cause of the resulting injury; and
• damages to the plaintiff.

NIED in California

As for NIED, it is not a separate cause of action in California. It is considered a form of the tort of negligence, which involves the traditional elements of duty, breach of duty, causation, and damages. Huggins v. Longs Drug Stores California, Inc., 6 Cal. 4th 124, Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965, Bidna v. Rosen, 19 Cal. App. 4th 27.

In California, NIED claims are analyzed under the same principles as general negligence claims. This means that for a plaintiff to recover damages for emotional distress, they must demonstrate that the defendant owed them a duty of care, breached that duty, and caused the plaintiff’s emotional distress as a result of that breach.

There are two primary theories under which NIED claims can be brought: the “bystander” theory and the “direct victim” theory. The bystander theory applies when a plaintiff witnesses an injury to a close family member and suffers emotional distress as a result. The direct victim theory applies when the plaintiff is directly harmed by the defendant’s negligent conduct, often arising from a preexisting relationship between the parties.

IIED in California

To prove IIED in California, a plaintiff must demonstrate the following elements:

• extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress;
• the plaintiff’s suffering severe or extreme emotional distress; and
• actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.

The conduct in question must be so extreme as to exceed all bounds of that usually tolerated in a civilized community. This means that the behavior must be outrageous to the point where an average member of the community would exclaim “Outrageous!” upon hearing the facts.

Additionally, the emotional distress suffered by the plaintiff must be severe, meaning that it is of such substantial quality or enduring quality that no reasonable person in a civilized society should be expected to endure it.

Florida

Since emotional distress, along with pain and suffering, fall under a category of damages called “Non-economic” damages, auto accident injury victims may only qualify for this type of compensation if they’ve suffered from the following:

1. Significant and permanent loss of an important bodily function.
2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
3. Significant and permanent scarring or disfigurement. Fla. Stat. § 627.737.

This is commonly known as the “Permanent Injury Threshold.” However, there is an exception!

Permanent Injury Threshold Exception: This exception will apply when you’re injured in an auto accident by an uninsured driver. If you have uninsured motorist coverage and the policy states that it will pay you any damages that you would be legally entitled to recover from an uninsured driver who doesn’t carry Personal Injury Protection, you may still recover for non-economic damages without meeting the Permanent Injury Threshold requirement. (See Pollard v. Williams, 623 So. 2d 588, 588 (Fla. 2d DCA 1993)).

So, before qualifying for even any emotional distress compensation, you must first prove the auto accident caused a permanent injury. If your injuries meet the threshold, you can then move on to proving your emotional distress damages.

In Florida, emotional distress cases fall into two different categories: where the plaintiff is directly involved in the defendant’s conduct that has caused the emotional distress—this is the more common one. The other is where the plaintiff has suffered from emotional distress as a result of witnessing an injury to another person.

Under Florida law, you can recover damages for both negligent and intentional conduct that results in emotional distress.

NIED in Florida

To recover for NIED, Florida law requires that the plaintiff suffers a “physical impact,” AND a physical injury. (“No recovery can be had for mental pain and suffering unaccompanied by any physical injuries in the absence of wantonness, willfulness or malice.” Gilliam v. Stewart, 291 So. 2d 593, 594 (Fla. 1974)).

A “physical impact” in Florida is defined as any outside force or substance, regardless of its size or visibility, that touches or enters the plaintiff’s body and causes harmful effects, even if those effects are not immediately apparent. This definition was clarified in Eagle-Picher Industries, Inc. v. Cox, where the court noted that the impact could be as minor as inhaling asbestos fibers, which over time cause lung damage.

The Florida Supreme Court has emphasized that the mere existence of a physical impact or contact is sufficient to meet the criteria for recovering emotional distress damages, without needing to assess the extent or severity of the injury. This principle was established in Clark v. Choctawhatchee Electric Co-Operative, Inc., and reiterated in Willis v. Gami Golden Glades, LLC.

Examples of physical impacts that have been recognized by Florida courts include the inhalation of asbestos fibers, electric shocks, physical assaults, and even minor physical contacts such as a gun touching a plaintiff’s temple or a plaintiff being shoved into a vehicle during an abduction. Shamylia Murphy-Gray As Pers. Representative for the Est. of v. Heritage II Holdings, LLC Heritage Fla. Prop. Holdings, Inc., 2024 Fla. Cir. LEXIS 862.

However, not all physical contacts qualify; for instance, the mere touching of a patient by a doctor for ordinary testing does not meet the impact rule. Jones v. Department of Health & Rehabilitative Servs., 661 So. 2d 1291.

Now let’s go over three examples to clarify:

Example #1: Plaintiff is rear-ended while he is driving on I-35 and suffers from a herniated disc as a result of the impact. The pain and impairment of the herniated disc in his back prevents him from taking part in any physical activity. This makes him severely depressed and anxious. Since there is a physical impact and an actual physical injury, plaintiff qualifies for emotional distress under Florida law.

Example #2: Plaintiff’s vehicle is rear-ended while he is driving on I-35 but only has minor damage to his vehicle and no physical injuries. The traumatic event of the accident and stress of losing his only vehicle makes him extremely anxious and depressed. Although there is a physical impact, plaintiff suffered no physical injuries. Therefore, plaintiff is not entitled to emotional distress compensation under Florida law.

Example #3: Plaintiff’s vehicle is rear-ended while it was parked in a grocery store parking lot. Plaintiff was not in or near the vehicle when it happened. Plaintiff is extremely distraught now that he has to replace his vehicle that he worked so hard to buy. Here, the plaintiff did not suffer from either a physical impact or a physical injury. Therefore, plaintiff does not qualify for emotional distress compensation under Florida law.

IIED in Florida

IIED, on the other hand, doesn’t require a “physical impact,” but the plaintiff must still prove the following:

• the defendant acted deliberately or recklessly;
• the defendant’s conduct was outrageous;
• the conduct caused the plaintiff emotional distress; and
• the emotional distress was severe. Dependable Life Ins. Co. v. Harris, 510 So. 2d 985, 986 (Fla. 5th DCA 1987).

Although a physical impact isn’t required under IIED, the conduct must be outrageous.

Now let’s talk about where the plaintiff has suffered from emotional distress as a result of witnessing an injury to another person. This is commonly known as a “Bystander” case.

In these cases, the plaintiff doesn’t need to suffer a physical impact. They only need to prove:

• the plaintiff saw or heard the event, or arrived at the scene as it occurred;
• the plaintiff was the child, parent, or spouse of, or was otherwise closely related to, the injured party; and
• the plaintiff suffered the emotional distress at issue and an accompanying physical impairment within a short time of the incident.

Texas

In Texas, to recover damages for mental anguish, a plaintiff must provide evidence that goes beyond mere worry, anxiety, vexation, embarrassment, or anger.

The plaintiff must show either (1) direct evidence of the nature, duration, or severity of the mental anguish, establishing a substantial disruption in their daily routine, or (2) other evidence of a high degree of mental pain and distress. Argueta v. Guiterrez, 2021 Tex. App. LEXIS 3007, Katy Springs & Mfg. v. Favalora, 476 S.W.3d 579, Medical Protective Co. v. Herrin, 235 S.W.3d 866.

Mental anguish is defined as a high degree of mental suffering, which may include emotions such as grief, severe disappointment, indignation, wounded pride, shame, despair, or public humiliation. Star Houston, Inc. v. Shevack, 886 S.W.2d 414. Jurors are typically best suited to determine whether and to what extent the defendant’s conduct caused compensable mental anguish by referring to their own experiences.

Additionally, Texas law does not recognize a general legal duty to avoid negligently inflicting mental anguish. However, mental anguish damages are recoverable in certain circumstances, such as when the defendant’s conduct is intentional or malicious, when there is a special relationship between the parties, or in personal injury cases where the defendant’s conduct causes serious bodily injury. Lions Eye Bank v. Perry, 56 S.W.3d 872, Sankaran v. VFS Servs. USA Inc., 693 S.W.3d 883, Verinakis v. Medical Profiles, Inc., 987 S.W.2d 90.

In the absence of these situations, mental anguish damages may also be recovered in wrongful death and bystander actions. Lions Eye Bank v. Perry, 56 S.W.3d 872, Verinakis v. Medical Profiles, Inc., 987 S.W.2d 90.

Statutory provisions also allow for the recovery of mental anguish damages without the need to show physical injury in specific contexts, such as under the Texas Deceptive Trade Practices Act (DTPA) and certain sections of the Texas Civil Practice and Remedies Code. For instance, under the DTPA, a consumer may recover mental anguish damages if the defendant’s conduct was committed knowingly.

Can I Recover for Emotional Distress if I Witnessed a Car Accident?

Maybe. It will depend on which state your accident occurred. Some states require a physical impact or that the plaintiff is within the zone of danger to qualify for emotional distress damages.

Let’s look at state specific examples:

Arizona

In Arizona, for example, recovery for bystander emotional distress is generally limited to those who witness the physical injury of a close personal relationship while being within the “Zone of Danger.”

The Arizona courts have consistently held that Bystander claims are available only to plaintiffs who have witnessed an injury to a close family member, not to friends or acquaintances. For a bystander to recover for emotional distress, the emotional trauma must be manifested as a physical injury, and the plaintiff must have been in the “zone of danger” created by the defendant’s negligence. The emotional distress must result from witnessing an injury to a person with whom the plaintiff has a close personal relationship, either by consanguinity (blood relative) or otherwise.

“Zone of Danger” requires the bystander to be in close proximity to the accident where there is a high risk to the bystander of physical impact.

California

California law allows a plaintiff to recover for serious emotional distress suffered as a result of witnessing injuries inflicted on a close relative. This recovery is available under the theory of negligent infliction of emotional distress (NIED).

To successfully claim Bystander NIED, the plaintiff must meet a three-part test:

1. the plaintiff must be closely related to the injury victim;
2. the plaintiff must be present at the scene of the injury-producing event at the time it occurs and must be aware that it is causing injury to the victim; and
3. the plaintiff must suffer emotional distress beyond that which would be anticipated in a disinterested witness.

The emotional distress must be serious, meaning it is a reaction beyond what would be expected from a disinterested witness and is not an abnormal response to the circumstances.

Florida

In Florida you can recover for bystander emotional distress in Florida under certain conditions. The Florida Supreme Court has modified the traditional “impact rule” to allow recovery for emotional distress in bystander cases even in the absence of a physical impact. Specifically, recovery is permitted when one person suffers death or significant discernible physical injury caused by psychological trauma resulting from a negligent injury imposed on a close family member within the sensory perception of the physically injured person.

To establish a claim for negligent infliction of emotional distress as a bystander, the plaintiff must meet the following criteria:

1. the plaintiff must suffer a physical injury;
2. the plaintiff’s physical injury must be caused by the psychological trauma;
3. the plaintiff must be involved in some way in the event causing the negligent injury to another; and
4. the plaintiff must have a close personal relationship to the directly injured person.

This rule was first adopted in Champion v. Gray, where the court allowed recovery for a plaintiff who suffered emotional distress after witnessing the death of a loved one.

The impact rule generally requires some physical impact on the plaintiff or, in certain situations, the manifestation of severe emotional distress through physical injuries or illness. However, in bystander cases, the rule has been relaxed to allow recovery for emotional distress when the distress results in a significant discernible physical injury.

Texas

In Texas you can recover for bystander emotional distress. Texas law allows a bystander to recover mental anguish damages if they witness a close relative suffer a traumatic injury due to a defendant’s negligent action. This recovery is based on the foreseeability of the injury to the bystander, which is determined by three factors:

1. whether the bystander was located near the scene of the accident,
2. whether the shock resulted from a direct emotional impact upon the bystander from the sensory and contemporaneous observance of the accident, and
3. whether the bystander and the victim were closely related.

The Texas Supreme Court has adopted these factors from the California Supreme Court’s decision in Dillon v. Legg, and they have been consistently applied in Texas case law. For instance, in Boyles v. Kerr, the court affirmed that bystanders could recover emotional distress damages under these conditions.

Can I Recover for Emotional Distress After a No-Injury Car Accident?

This is another situation where it will depend on the state in which your accident occurred. Let’s look at some state specific laws to illustrate:

Arizona

Yes, in Arizona, a party may recover damages for emotional distress arising out of the tortious loss of property, but this is contingent upon the tortious act directly harming the plaintiff and affecting or burdening a personal, as opposed to an economic, interest belonging to the plaintiff. Murray v. Farmers Ins. Co., 239 Ariz. 58.

For instance, emotional distress damages have been awarded in cases involving the destruction of fertilized human eggs and the annoyance and discomfort of living in inadequate housing. Murray v. Farmers Ins. Co., 239 Ariz. 58, Jeter v. Mayo Clinic Ariz., 211 Ariz. 386.

However, Arizona courts have denied the recovery of emotional distress damages where the plaintiff’s interest was determined to be purely economic. For example, in a legal malpractice action where the plaintiff’s financial security was at risk, emotional distress damages were not recoverable because the direct result of the alleged malpractice was purely economic. Murray v. Farmers Ins. Co., 239 Ariz. 58.

Similarly, emotional distress damages were not awarded in a case involving the death of a pet due to veterinary malpractice, as the law classified animals as personal property and the negligence did not directly harm the plaintiff in a personal way. Murray v. Farmers Ins. Co., 239 Ariz. 58, Kaufman v. Langhofer, 223 Ariz. 249.

California

In California, emotional distress damages are generally not recoverable in property damage cases unless certain conditions are met. Specifically, emotional distress damages are typically not awarded for property damage caused by negligence alone.

The California Supreme Court in Erlich v. Menezes held that “no California case has allowed recovery for emotional distress arising solely out of property damage” unless there is a preexisting relationship between the parties or the conduct involves an intentional tort. Erlich v. Menezes, 21 Cal. 4th 543.

Cases involving “preexisting relationships” where emotional distress caused solely out of property damage was found included an insurance company-insured relationship (bad faith) and jeweler-customer scenario (bailor-bailee relationship) where the jeweler was given old family rings to be fabricated into an heirloom and were later lost by the jeweler. (Windeler v. Scheers Jewelers (1970) 8 Cal.App.3d 844 [88 Cal.Rptr. 39].)

Examples of intentional torts where emotional distress can be awarded are trespass or nuisance.

Florida

In Florida, the general rule under the “impact rule” is that a plaintiff cannot recover damages for emotional distress caused by the negligence of another unless the emotional distress flows from physical injuries sustained in an impact. This rule is designed to prevent fictitious or speculative claims and to ensure the validity of claims for emotional or psychological harm. Willis v. Gami Golden Glades, LLC, 967 So. 2d 846, Rowell v. Holt, 850 So. 2d 474, Fla. Dep’t of Corr. v. Abril, 969 So. 2d 201.

However, there are exceptions to this rule. For instance, emotional distress damages may be recoverable in cases involving a nuisance, regardless of physical injury or impact. Annoyance, discomfort, and inconvenience resulting from a nuisance are considered compensable.

Additionally, Florida courts have recognized exceptions in certain narrowly defined cases where the foreseeability and gravity of the emotional injury, and the lack of countervailing policy concerns, justify recovery without physical impact. Examples include cases involving the breach of confidentiality, invasion of privacy, and wrongful birth. Fla. Dep’t of Corr. v. Abril, 969 So. 2d 201, Reid v. Daley, 276 So. 3d 878, R.J. v. Humana of Fla., 652 So. 2d 360.

Texas

In Texas, emotional distress damages are generally not recoverable in cases of negligent property damage. The Texas Supreme Court has held that mental anguish damages are not compensable as a matter of law when based solely on negligent property damage. City of Tyler v. Likes, 962 S.W.2d 489, Petco Animal Supplies, Inc. v. Schuster, 144 S.W.3d 554, Fitzpatrick v. Copeland, 80 S.W.3d 297,

However, there are exceptions where a higher degree of culpability is involved. Mental anguish damages may be recoverable if the property damage results from intentional, malicious, or grossly negligent conduct. For instance, if the property damage is caused by a deliberate and willful trespass, or if there is evidence of ill-will, animus, or a design to harm the plaintiff personally, emotional distress damages may be awarded.

How Much Can I Get for Emotional Distress After a Car Accident?

The value of any personal injury case is heavily dependent on the facts. As you’ll see below in the section on Emotional Distress Car Accident Verdicts, the amount of compensation for emotional distress varies quite a bit.

The general rule is the more severe the physical injury, the greater chance of compensation for physical and emotional pain and suffering. 

If your auto accident case is minor, it may be difficult to prove you are entitled to any emotional distress compensation.

What Compensation Can I Claim for Emotional Distress?

The following are some of the categories of compensation that are recoverable in an emotional distress case:

Medical Expenses

The past and future medical expenses for medical treatment that you sought for your emotional distress. This can include psychologist/psychiatrist medical bills, prescription drug expenses, and other related medical expenses.

Lost Wages

Any lost wages you experienced from your emotional distress is recoverable. You may be able to recover lost earning capacity in the future, as well.

Physical Pain and Suffering

As mentioned above, your emotional distress may be lumped in with physical pain and suffering when a jury is calculating your damages at trial. And physical pain and suffering is recoverable in emotional distress cases and other personal injury cases.

Emotional Distress / Mental Anguish

Emotional distress or mental anguish, on their own, are recoverable in emotional distress cases.

Loss of Consortium

A spouse or family member may be able to recover for loss of consortium if their partner has been seriously injured or killed due to someone else’s negligence, and they have experienced a loss of intimacy, companionship, and support as a result. The law recognizes that the emotional and relational impact of such injuries can be significant, and therefore, it allows family members to seek compensation for their loss. 

Should I Hire a Lawyer for my Emotional Distress Claim?

Probably so. As you can see in this article, the law on emotional distress is quite complex. If your auto accident case involved only minor property damage and no bodily injury, it’s likely you won’t need a lawyer. But if your property damage is more severe and you have even minor injuries, you should at least discuss your case with a lawyer. Remember most personal injury lawyers offer free consultations. So, it’s a no-brainer.

How Long Do I Have to Make a Claim for Emotional Distress?

How long you have to make a claim for emotional distress will be governed by your state’s statute of limitations. The statute of limitations is the maximum time period that a person has to initiate a legal proceeding from the date of an alleged offense or injury. After this period expires, the legal claim can no longer be filed or pursued.

Here are some state specific examples:

Arizona

In Arizona, the statute of limitations for filing a lawsuit for emotional distress caused by negligence is generally two years. This is established under Ariz. Rev. Stat. § 12-542, which governs most negligence actions, including personal injuries and property damage claims.

However, if the emotional distress claim is against a public entity or public employee, the statute of limitations is reduced to one year. This is specified under Ariz. Rev. Stat. §§ 12-821 and 12-821.01(B), which require that actions against public entities or employees be brought within one year after the cause of action accrues. The cause of action accrues when the individual realizes they have been damaged.

In Arizona, the statute of limitations for filing a lawsuit for intentional infliction of emotional distress is two years. This is established under A.R.S. § 12-542, which states that claims for injuries done to the person of another must be commenced and prosecuted within two years after the cause of action accrues.

The cause of action accrues when the damaged party realizes or reasonably should know that they have been damaged and knows the cause, source, act, event, instrumentality, or condition that caused or contributed to the damage. Avilla v. Hickmans Egg Ranch Inc., 2020 Ariz. Super. LEXIS 922, Watkins v. Arpaio, 239 Ariz. 168.

In cases where the emotional distress is ongoing, plaintiffs may argue that the claim constitutes a “continuing wrong,” which could potentially extend the accrual date for their action. However, Arizona courts have not formally adopted the continuing wrong theory, and it has been applied sparingly.

California

In California, the statute of limitations for filing a lawsuit for negligent infliction of emotional distress (NIED) is generally two years. This is governed by California Code of Civil Procedure § 335.1, which provides a two-year statute of limitations for actions for injury caused by the wrongful act or neglect of another.

In California, the statute of limitations for filing a lawsuit for intentional infliction of emotional distress (IIED) is two years. This period begins to run once the plaintiff suffers severe emotional distress as a result of the defendant’s outrageous conduct.

Florida

In Florida it will depend on if your emotional distress case is caused by negligent or an intentional act.

The statute of limitations for filing a lawsuit for emotional distress caused by negligence in Florida is two years. This is in accordance with Fla. Stat. § 95.11(5)(b), which specifies that actions founded on negligence must be commenced within two years from the time the cause of action accrues.

Additionally, it is important to note that this two-year period applies to various negligence claims, including those for emotional distress, as they fall under the general category of negligence actions. Therefore, any lawsuit for emotional distress caused by negligence must be filed within this two-year timeframe to be considered timely under Florida law.

In Florida, the statute of limitations for filing a lawsuit for IIED is generally four years. This is supported by the case W.D. v. Archdiocese of Miami, Inc., which held that the four-year limitations period under section 95.11(3)(a), (o), and (p) applies to actions for IIED. Calway v. Calway, 2021 Fla. Cir. LEXIS 13665. Additionally, the case Baucom v. Haverty also indicates that a four-year statute of limitations applies to claims for IIED.

Texas

In Texas, the statute of limitations for filing a lawsuit for emotional distress under negligence is two years from the date the cause of action accrues. This is established under Tex. Civ. Prac. & Rem. Code Ann. § 16. 003(a).

In Texas, the statute of limitations for filing a lawsuit for intentional infliction of emotional distress (IIED) is two years from the date the cause of action accrues. This is established under Tex. Civ. Prac. & Rem. Code § 16. 003(a) and has been consistently upheld in various court decisions.

Emotional Distress Car Accident Settlements and Verdicts

Below are 10 car accident settlements and verdicts that should help to illustrate how the above-mentioned emotional distress laws are applied in auto accident cases.

Case Study #1: Bystander v. Defendant (Los Angeles County, California)

Bystander, a minor child, was riding in the back seat with her 10-year-old sister when they were rear-ended.

Bystander’s sister sustained serious injuries, including facial fractures, traumatic brain injury and now requires continued supervision as a result of her cognitive impairments.

Bystander did not suffer any physical injuries but experienced extreme emotional distress witnessing her sister almost being killed, while being in the zone of danger.

The parties agreed to settle Bystander’s case for $235,383.82.

Case Study #2: Bystanders v. Defendant (Fresno County, California)

Bystanders, a 48-year-old father, 44-year-old-mother, and 9 year-old child witnessed their child-brother, a 14 year-old child, suffer serious injuries as they were rear ended by a box truck on State Route 99 Fresno, California. The 14-year-old later died from his injuries. All bystanders suffered only minor soft tissue injuries but experienced extreme emotional distress as a result of witnessing their child-brother being seriously injured and later dying from his injuries.

The parties later settled their wrongful death and negligent infliction of emotional distress cases for $10 million at mediation.

Case Study #3: Bystander v. Defendant (Los Angeles County, California)

Bystander, a 26-year-old college student, and her mother were attempting to cross the U.S. Route 101 on-ramp while holding hands in Calabasas, California, when defendant struck both of them with her pickup truck. The Bystander sustained injuries to her leg and her mother ultimately died from her injuries.

Immediately after the accident, defendant exited her vehicle and attempted to drag Bystander’s mother’s still-alive body to the curb, while she begged for her to stop and call 911. Defendant also attempted to deny involvement in the accident when police arrived. She even moved her vehicle to a place where she thought she could claim no involvement in the accident. The defendant even arranged to have her truck washed to destroy evidence. She was later cited for hit-and-run.

At trial the jury found that the defendant’s actions constituted an Intentional Infliction of Emotional Distress and that it was done with malice. As a result, Bystander was awarded $18 million, including:

• $3,000,000 Past Physical Pain and Suffering
• $5,000,000 Future Pain and Suffering
• $1,000,000 Past Wrongful Death Damages
• $4,000,000 Future Wrongful Death Damages
• $5,000,000 Intentional Infliction of Emotional Distress Damages

Case Study #4: Plaintiff v. Defendant (Harris County, Texas)

Plaintiff was rear-ended by an 18-wheeler driven by defendant on a highway in Sutton County, Texas. Plaintiff claimed, among other things, defendant intentionally rear-ended him and pushed him off the road.

Plaintiff suffered minor injuries to his back and neck and sought treatment only at the emergency room for his physical injuries. He claimed he sought psychiatric treatment and suffered from PTSD as a result of this accident.

At trial, the jury awarded plaintiff $13,300 (reduced to $12,635 due to comparative negligence) in total damages, including:

• $300 Past Medical Expenses
• $2,500 Property Damage
• $3,500 Past Physical Pain and Suffering
• $5,000 Past Mental Anguish
• $2,000 Past Loss of Use

Case Study #5: Plaintiff v. Defendant (Harris County, Texas)

Plaintiff, 3-months pregnant, was rear-ended at a stop light on FM 2920 in Tomball, Texas. Defendant was under the influence of alcohol at the time of the accident and was cited and convicted for DWI.

Plaintiff suffered minor physical injuries, anxiety, and PTSD over the health of her unborn child. Ultrasounds of the unborn child taken later were normal and plaintiff received only minimal medical treatment for her injuries.

Later, at trial the jury awarded plaintiff $5,752.04, including:

• $752 Past Medical Expenses
• $600 Past Physical Impairment
• $3,500 Past Physical Pain and Mental Anguish
• $600 Past Lost Earning Capacity

Case Study #6: Plaintiff v. Defendant (Dallas County, Texas)

Plaintiff was T-boned by defendant as he attempted to cross at an intersection.

Plaintiff presented to the emergency room later that day with neck and back injuries. She later treated with a chiropractor and orthopedic surgeon for her injuries. Cervical and lumbar disc bulges were found in her MRI.

Plaintiff also claimed that this accident was the “straw that broke the camel’s back” with her stressed relationship with her husband.

At trial, the jury awarded plaintiff $174,678.40, including:

• $36,738 Past Medical Expenses
• $40,000 Future Medical Expenses
• $20,000 Past Physical Impairment
• $15,000 Future Physical Impairment
• $25,000 Past Mental Anguish
• $22,500 Past Physical Pain
• $10,000 Future Physical Pain
• $5,440 Past Lost Earning Capacity

Case Study #7: Plaintiff v. Defendant (Denton County, Texas)

Plaintiff was riding on the back of a motorcycle merging onto Highway 121 in Lewisville, Texas. Plaintiff’s boyfriend was operating the motorcycle and performed three wheelies, the last of which caused her to land on the ground causing severe road rash and other injuries.

Plaintiff was hospitalized for three weeks to treat the burns to her lower back and posterior. Plaintiff also suffered nerve damage to these areas and PTSD. She sought treatment with a psychologist for her anxiety, stress, nightmares, and other psychological issues.

Plaintiff testified at trial that her PTSD is paralyzing and has affected every aspect of her life.

At trial, the jury awarded plaintiff $18,614,874, including:

• $187,437 Past Medical Expenses
• $300,000 Future Medical Expenses
• $1,500,000 Past Physical Impairment
• $3,000,000 Future Physical Impairment
• $9,307,437 Punitive Exemplary Damages
• $40,000 Past Lost Earnings Capability
• $280,000 Future Lost Earning Capability
• $100,000 Past Pain and Suffering
• $900,000 Future Pain and Suffering
• $500,000 Past Disfigurement
• $1,000,000 Future Disfigurement
• $500,000 Past Mental Anguish
• $1,000,000 Future Mental Anguish
  

Case Study #8: Plaintiff v. Defendant (Brevard County, Florida)

Plaintiffs, husband and wife, were driving on 53^rd Street in Indian River County, Florida, when defendant T-boned their vehicle.

Plaintiff-wife suffered physical injuries to her head that manifested into cognitive issues. She sought psychological treatment for her neurological injuries. Plaintiff-husband claimed only emotional distress and loss of his wife’s services, comfort, society, and attention due to her injuries.

At trial, the jury awarded plaintiff-husband $20,837.99, including:

• $3,012 Past Medical Expenses
• $5,000 Past Loss of Consortium
• $4,500 Diminished Value of Vehicle
• $3,326 Loss of Use of Vehicle
• $5,000 Past Emotional Distress or Psychological Trauma

Case Study #9: Plaintiff v. Defendant (Brevard County, Florida)

Plaintiff was rear-ended at a high rate of speed by defendant as she slowed down for construction on State Road 70 in Okeechobee County, Florida.

Plaintiff lost consciousness on impact and was transported to the hospital by ambulance from the scene of the accident. She suffered from wrist and rib fractures, shoulder labrum tear, herniated discs, diffuse axonal trauma to her brain, and anxiety and depression.

Plaintiff sought treatment with a chiropractor and underwent radiofrequency ablations three times per year for her spinal injuries. She also underwent arthroscopic surgery to repair her labrum tear in her shoulder. For her psychological issues, she sought counseling, which is ongoing. Her brain injury caused her to have memory loss, difficulty with language, headaches, tremors and difficulty with personal relationships.

At trial, the jury award plaintiff $4,356,000, including:

• $155,402 Past Medical Expenses
• $1,200,599 Future Medical Expenses
• $1,000,000 Past Pain and Suffering
• $2,000,000 Future Pain and Suffering

Case Study #10: Plaintiffs v. Defendant (Brevard County, Florida)

Plaintiffs, 8-year-old boy and 4-year-old girl, were driving as passengers on I-95 in central Brevard County, Florida, when the driver lost control of the vehicle as she attempted to avoid a phantom vehicle. The vehicle was then struck by an 18-wheeler.

The 4-year-old was flown to a children’s hospital and suffered a traumatic brain injury. The 8-year-old was taken by ambulance to the emergency room and suffered mostly from emotional distress and a mild case of PTSD.  There was a dispute from the defense whether either child suffered from their claimed injuries.

At trial, the jury awarded plaintiffs the following:

8-year-old boy

• $350,000 Past Pain and Suffering
• $750,000 Future Pain and Suffering

4-year-old girl

• $375,000 Past Pain and Suffering
• $1,650,000 Future Pain and Suffering

Contact Our Experienced Car Accident Lawyers to Handle Your Emotional Distress Case

Call us today for a FREE consultation regarding your emotional distress case. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best emotional distress case possible to the insurance company. Call (855) 545-1777 to speak to our personal injury attorneys directly.