People ask us this all the time. They’ll come in and say their back is healed fine, the car got fixed, but they still can’t sleep. They’re having nightmares. Some can’t even drive past the intersection where it happened without their hands shaking. You can pursue compensation for it in Indiana. But there are some hoops to jump through first.
Understanding Emotional Distress Claims In Indiana
When we talk about emotional distress in a legal context, we’re dealing with what’s called non-economic damages. You won’t have a bill for it like you would for an MRI or physical therapy. There’s no receipt. But that doesn’t make it any less legitimate. Indiana recognizes two main types. The first is negligent infliction of emotional distress, which is what most car accident cases fall under. Someone wasn’t paying attention, they ran a red light, and now you’re dealing with the psychological fallout. The second type is intentional infliction, where someone deliberately tries to cause you severe emotional trauma. That’s pretty rare in car accident cases.
When Can You Sue For Emotional Distress
You need to have suffered some kind of physical injury to recover for emotional distress. Even if it’s minor. The courts want to see that there was actual physical contact or harm, not just psychological trauma by itself. The physical injury doesn’t have to be catastrophic. Whiplash counts. Cuts from broken glass count. Even bruising from your seatbelt can satisfy this requirement. At Ward & Ward Personal Injury Lawyers, we’ve handled plenty of cases where the physical injuries were relatively minor, but the emotional toll was devastating.
Types Of Emotional Distress After Accidents
The psychological impact shows up differently for everyone. Some people develop crippling anxiety about driving. Others slip into a depression they can’t shake. We’ve worked with clients who developed full PTSD after serious crashes. The symptoms can include:
- Anxiety about getting in a car again
- Depression that wasn’t there before
- PTSD with flashbacks and intrusive thoughts
- Sleep problems
- Panic attacks
Those symptoms can wreck your life just as thoroughly as a broken leg. Maybe more so, because people can see a cast. They understand it. But when you’re dealing with invisible injuries, people don’t always get it.
Proving Emotional Distress In Court
This is where things get challenging. Proving you have emotional distress isn’t like showing an X-ray of a fractured bone. Insurance companies will absolutely try to downplay what you’re going through. Documentation is everything here. If you’re seeing a therapist or psychiatrist, those records become incredibly important. Professional diagnoses of anxiety disorders, depression, or PTSD carry weight in court. These aren’t just your words anymore. They’re medical findings from licensed professionals. But it’s not just medical records. Testimony from people who know you matters too. Your spouse can explain how you’ve changed since the accident. Your coworkers can describe how you’re not the same person at work. A Brightwood car accident lawyer knows how to pull all this evidence together into something persuasive.
How Much Is Emotional Distress Worth
Courts look at several things. How severe are your symptoms? Have they lasted months or years? Did you need ongoing professional treatment? How has this affected your ability to work or just live your daily life? Someone with diagnosed PTSD who’s been in therapy for two years will have a different case value than someone with mild anxiety that resolved after a few months. As a Brightwood car accident lawyer would tell you, insurance companies will fight hard to minimize these claims.
Time Limits For Filing A Claim
You’ve got two years from the date of the accident to file a lawsuit in Indiana. That applies whether you’re claiming physical injuries, emotional distress, or both. Two years sounds like forever when you’re dealing with the immediate aftermath of a crash. But time moves faster than you think. If you miss that deadline, you’re done. The court will throw out your case.
If you’re struggling with emotional distress after a car accident, you don’t need to handle this alone. We work with accident victims throughout Indiana who are dealing with injuries that nobody else can see but that are absolutely real. Give us a call to discuss what you’re going through and whether you’ve got a valid claim.
