Going through a serious accident is traumatic. It can leave the victim with stacks of medical bills, lost time at work, immense pain and suffering, and terrible emotional distress. This raises an important question: Can you get compensation for emotional distress through a personal injury claim in California? The short answer is “yes”—or at least it is possible to do so.
With that being said, emotional distress is a complicated matter. Insurers try to settle for less. At Redkey Gordon Law Corp, we are committed to fighting for justice for injured victims, including in claims involving emotional distress. Here, our Stockton personal injury lawyer explains the most important things to know about getting compensation for emotional distress in California.
What is Emotional Distress in California?
A serious accident can leave an injured victim dealing with immense physical pain and terrible emotional suffering. Emotional distress is a damage that can be sought through a civil tort claim in California. The Judicial Council of California Civil Jury Instructions (CACI No. 1620) defines emotional distress broadly as “suffering, anguish, fright, horror,nervousness, grief, anxiety, worry, shock, humiliation, and shame.” Notably, there are two types of emotional distress cases:
- Intentional Infliction of Emotional Distress (IIED): IIED occurs when a defendant engages in outrageous, intentional, or reckless behavior that is designed to cause severe emotional distress to another person. The behavior must be so extreme that it exceeds all bounds of decency accepted by society.
- Negligent Infliction of Emotional Distress (NIED): NIED arises when a defendant’s negligent act or omission causes emotional distress to another person. Unlike IIED, NIED does not require the intent to cause harm. Instead, it focuses on the breach of a duty that leads to emotional suffering. To establish an NIED claim, the plaintiff must demonstrate that the defendant owed a duty of care, the duty was breached, and the breach caused distress. You may be able to recover financial compensation for NIED through a personal injury claim.
In many cases, emotional distress can be sought as part of a personal injury claim. Though, that is not a requirement under the law in California. There are certain circumstances in which a victim could sue civilly for emotional distress without a physical injury. For example, if a person suffered severe emotional distress due to a privacy violation, they may have an emotional distress claim against the responsible party based on either IIED or NIED.
The Elements of Emotional Distress Claim in California
How do you bring an emotional distress claim in California? There are three requirements elements that you need to prove regardless of whether or not you distress related to a physical injury:
- Defendant Negligence: The foundation of an emotional distress claim in California is negligence. The element requires the plaintiff (victim) to prove that the defendant owed a duty of care towards the plaintiff, breached that duty, and the breach was the cause of the harm suffered. For instance, a driver who runs a red light, causing a collision, has breached their duty to obey traffic laws and drive safely. If the victim of that red light crash suffered serious anxiety because of the crash, he or she may have an emotional distress claim.
- Serious Emotional Distress: Next, you must prove that you actually suffered serious emotional distress in the accident. Minor distress—such as some minor stress and/or poor sleep for a night or two—may not be sufficient to establish a viable legal claim. Serious emotional distress includes suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame. The distress must be such that no reasonable person should be expected to endure it. Be prepared to prove the severity and duration of the emotional distress that you endure.
- Causation (Substantial Factor): Finally, causation is a required element of any emotional distress claim in California. The plaintiff must demonstrate that the defendant’s negligence was a substantial factor in causing the distress. The emotional distress must be directly linked to negligence of the defendant—not some other, unrelated, factor. The connection between the defendant’s act and the emotional distress must be clear and direct. For example, if a person is involved in a car accident caused by another’s negligence and subsequently develops PTSD, the causation element would be met if it can be shown that the PTSD was directly related to the trauma of the accident.
Proving Emotional Distress in a California Personal Injury Claim
Emotional distress is, by definition, a type of non-economic damage. One of the most challenging aspects of recovering full and fair compensation for your emotional distress is California is proving the existence and severity of the trauma that you endured. Proving emotional distress in a California personal injury claim requires compelling evidence that substantiates the severity and impact of the distress. Relevant evidence can come in a wide range of different forms, including:
- Medical records;
- Psychiatric evaluations;
- Therapy session notes;
- Testimony from friends/family; and
- Personal testimony.
How Our Stockton Personal Injury Attorneys Can Help
A serious accident can leave you dealing with tremendous pain, suffering, and emotional distress. Negligent defendants and their insurance companies must be held accountable. At Redkey Gordon Law Corp, we are committed to fighting for the maximum financial compensation for injured victims, including for the emotional distress that they endured. With a documented history of case results, our Stockton personal injury lawyers have the legal experience that you can trust.