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Car accidents often leave victims with more than just physical injuries—they can also cause significant emotional distress. Many accident survivors experience anxiety, depression, PTSD (post-traumatic stress disorder), and other psychological effects that can be just as debilitating as bodily injuries. But can you sue for emotional distress after a car accident in Missouri?
The short answer is yes, but proving emotional distress can be more challenging than proving physical injuries. This guide explains Missouri’s legal framework for emotional distress claims, what victims need to prove, and how to maximize compensation for emotional trauma.
What Is Emotional Distress in a Car Accident Claim?
Emotional distress is a psychological impact caused by an accident, including but not limited to:
- Anxiety and panic attacks
- Depression
- Insomnia
- Post-traumatic stress disorder (PTSD)
- Fear of driving or traveling in vehicles
- Mood swings or irritability
- Loss of enjoyment of life
Emotional distress is often categorized as a type of “pain and suffering” under Missouri personal injury law.
Missouri Law on Emotional Distress Claims
Missouri allows victims to seek non-economic damages, which include compensation for pain, suffering, and emotional distress (Missouri Revised Statutes). However, there are two primary ways to file an emotional distress claim:
Emotional Distress as Part of a Personal Injury Claim
If you suffered physical injuries in the car accident, you can add emotional distress damages to your personal injury claim. This is the most common way to recover compensation for psychological suffering.
Standalone Emotional Distress Claim (Intentional or Negligent Infliction of Emotional Distress)
Suppose you were not physically injured but still experienced severe emotional trauma. In that case, you may be able to file a claim for intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED).
- IIED occurs when someone’s intentional actions cause you severe emotional harm (e.g., a road rage incident where a driver purposefully causes a crash).
- NIED happens when another driver’s negligent actions cause you severe psychological harm, even without physical injuries.
These claims require strong evidence to prove the distress was severe and foreseeable.
How to Prove Emotional Distress in Missouri
Proving emotional distress is more challenging than proving physical injuries, but Missouri courts recognize psychological harm as a valid claim. Here’s what you need to establish:
1. Medical or Psychological Evidence
- Medical records showing symptoms of anxiety, depression, or PTSD
- Diagnoses from therapists, psychologists, or psychiatrists
- Prescriptions for medication related to mental health (e.g., anti-anxiety or antidepressant drugs)
2. Personal Testimony & Witness Statements
- A detailed journal documenting your emotional suffering
- Statements from family members, friends, or coworkers confirming behavioral changes
3. Impact on Daily Life
- Difficulty working or maintaining relationships
- Fear of driving or traveling in vehicles
- Sleep disturbances or social withdrawal
4. Physical Manifestations of Stress
- Panic attacks
- Unexplained headaches or stomach issues
- High blood pressure
The more documented evidence you have, the stronger your claim will be.
How Much Compensation Can You Get for Emotional Distress?
The value of an emotional distress claim varies based on factors such as:
- Severity of distress (PTSD vs. mild anxiety)
- Duration of suffering (temporary vs. permanent)
- Impact on daily life and work
How Insurance Companies Handle Emotional Distress Claims
Insurance companies are hesitant to pay for emotional distress unless there is clear and documented evidence. They may argue that:
- Your emotional distress is exaggerated
- Your symptoms existed before the accident
- The distress isn’t severe enough to warrant compensation
How to Strengthen Your Emotional Distress Claim Against Insurance
- Get professional diagnoses from medical experts
- Keep detailed records of therapy sessions and medications
- Gather statements from family, friends, and co-workers
- Work with an experienced personal injury attorney
Can You Sue If You Weren’t Physically Injured?
Yes, but it’s harder to prove. If you were in a near-miss accident, witnessed a traumatic crash, or suffered severe anxiety without physical harm, you can still file an NIED claim. However, you will need substantial evidence to show:
- The accident directly caused severe psychological harm
- The distress was foreseeable and not minor
When to Contact a Missouri Car Accident Lawyer
Emotional distress claims require strong legal advocacy to maximize compensation. A Missouri car accident lawyer can:
- Gather medical and psychological evidence
- Negotiate with insurance companies
- File a lawsuit if needed to ensure fair compensation
If you’ve suffered emotional trauma from a car accident, you don’t have to face it alone. An attorney can help you build a compelling case and recover the compensation you deserve.
Contact The Hoffmann Law Firm Today
Need legal advice? Contact The Hoffmann Law Firm for a free consultation today.