Car accidents and other harmful events often result in injuries that have both physical and emotional consequences. If someone else is to blame for your injuries, you may be entitled to seek compensation for your emotional distress as well as your physical injuries.
The personal injury attorneys at Joye Law Firm have represented injured people in South Carolina since 1968. Our law firm is well known for its high-quality legal representation, concern for our clients, and giving back to the communities we serve.
Take one of our clients, a 29-year-old woman who got rear-ended by a dump truck and had to undergo two neck surgeries. While the physical injuries were severe, the emotional and mental toll was even greater. Unable to work, her marriage falling apart, and facing PTSD and Major Depressive Disorder (MDD), she turned to Joye Law Firm for help. Despite the magnitude of her suffering, the insurance company initially offered a meager settlement. However, attorney Brent Arant recognized the true extent of her physical and emotional distress and fought tirelessly on her behalf. After a five-year legal battle, the insurance company agreed to a settlement worth nine times their original offer.
This case highlights the importance of seeking legal assistance to ensure that not only your physical injuries but also your emotional distress is fully recognized and compensated. Call Joye Law Firm to discuss your legal options and whether you may pursue a claim for emotional distress. The consultation is free and confidential. Call 888-324-3100 to speak to an attorney.
What Is Emotional Distress?
Emotional distress is one of the categories of damages that may be sought in a personal injury case in South Carolina. Emotional distress damages are considered non-economic damages because they are not tied back to a specific financial loss. Instead, they aim to compensate the victim for the mental suffering caused by an injury inflicted by another person’s actions. Emotional distress can include:
- Mental anguish
- Depression
- Diminished quality of life
- Humiliation
- Phobias
- Flashbacks
- Shame or guilt
- Nightmares
- Anxiety
- Post-traumatic stress disorder (PTSD)
What Are the Types of Emotional Distress Claims?
Emotional distress claims fall under two primary categories: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). Both involve different legal standards and require specific elements to be proven for a successful claim.
Negligent Infliction of Emotional Distress (NIED)
Negligent infliction of emotional distress occurs when someone unintentionally causes another person emotional distress. The pain and suffering, and emotional distress are caused by the physical injuries. The plaintiff must typically demonstrate the following elements:
- Duty of Care: The defendant owed a duty of care to the plaintiff.
- Breach of Duty: The defendant breached that duty through negligence.
- Causation: The breach of duty caused the plaintiff to suffer emotional distress.
- Damages: The plaintiff experienced significant emotional distress as a result.
- In some jurisdictions, the plaintiff must also prove that they suffered a physical injury or were in the “zone of danger” to claim emotional distress damages.
Example: A worker is operating machinery at a construction site when a coworker, due to negligence, fails to secure heavy equipment properly. The equipment falls, narrowly missing the worker, but the close call causes significant emotional trauma. The worker develops anxiety and stress-related symptoms, seeking therapy and medical treatment. The worker may have a valid NIED claim due to the negligent actions of the coworker and the resulting emotional distress.
Intentional Infliction of Emotional Distress (IIED)
Intentional infliction of emotional distress occurs when someone intentionally causes another person emotional damage. It is an intentional tort.
A plaintiff must show that the defendant’s conduct was outrageous and the defendant acted intentionally or recklessly and caused the person serious emotional distress.
Symptoms of Emotional Distress
Emotional distress can lead to physical pain and interfere with a person’s daily life. The most common symptoms of emotional distress include:
- Low energy
- Obsessive and/or compulsive behaviors
- Sudden weight loss or gain
- Increased irritability
- Uncontrollable crying
- Mood swings
- Chronic headaches
- Self-harm or thoughts of self-harm
- Anger problems
- Unexplained pains and aches
- Chronic fatigue
- Sleep disturbances, such as insomnia or sleeping too much or too little
- Excessive smoking, drinking, and drug use
- Eating too much or not eating enough
- Feeling hopeless or helpless
- Impaired memory
- Trouble readjusting to work or home life
- Withdrawing from family, friends, and activities
Process for Filing an Emotional Distress Lawsuit
In many cases, the first step to securing compensation for emotional distress is through an insurance claim. If the defendant’s insurance company disputes the claim or refuses to agree to a fair settlement, you may need to pursue a lawsuit. The process for filing an emotional distress lawsuit includes gathering evidence to document the victim’s symptoms. Working with a knowledgeable attorney to prepare a strong claim can increase your chances of success. Some evidence that can be helpful in an emotional distress lawsuit includes:
- Copies of medical records, bills, and other documents related to your symptoms
- A pain journal that tracks the severity of your emotional distress symptoms, how long they last, and whether specific factors worsen them
- Testimony from witnesses who saw the accident or incident
- Testimony from expert witnesses, such as medical professionals
An experienced personal injury attorney can file an emotional distress lawsuit on your behalf. Below are the initial stages of a lawsuit.
Prepare and File Legal Documents
To initiate a lawsuit, you must prepare and file a complaint with the appropriate court. The complaint outlines the facts of your case, such as your emotional distress and how it affects your life, the allegations against the defendant, and the amount of money you are seeking.
The summons notifies the defendant of the case and the deadline by which they must respond.
Wait for Answer
The defendant must file an answer within 30 days of receiving the summons and complaint. It should include their response to the allegations against them. A plaintiff could request a default judgment if a defendant fails to respond to a complaint within the time allowed.
Discovery Process
Discovery involves both sides requesting evidence from each other. Your lawyer and the defense attorney can file requests for copies of medical records, video surveillance footage, photos, and other documentation. They can also request depositions to question each other’s clients about the incident.
Mediation
Mediation is a form of alternative dispute resolution. Opposing parties meet with a neutral mediator to try to work through their differences and settle the case outside of court. The mediator facilitates conversations between each side and suggests ways to resolve the matter.
If you agree on the terms of a settlement, the mediator will draft a settlement agreement you and the defendant can sign. Your attorney can file it with the court for the judge to approve. At that point, the case will end.
Trial Preparation and Proceedings
If your claim isn’t settled, the judge will set a trial date. Your attorney will continue collecting evidence, looking for witnesses to testify on the stand, and establishing arguments against the opposing party’s case.
Many factors affect how long a trial will take. Some conclude after one day. Others take multiple days or weeks. If it’s a jury trial, the jurors will deliberate after both sides have presented their cases. Regardless of whether the trial involves a jury or just a judge, the court will issue a ruling at its conclusion. If the court decides in your favor, it will also determine the compensation the defendant must pay.
Get in Touch with a South Carolina Personal Injury Lawyer
Joye Law Firm has successfully advocated for the rights of injury victims since 1968. Contact a caring personal injury attorney in one of our offices located in North Charleston, Columbia, Clinton, Summerville, and Myrtle Beach. Joye Law Firm offers a free, no-obligation consultation. If you or someone dear to you has suffered emotional distress as a result of an accident or harmful incident, you can reach a North Charleston personal injury attorney with our firm online or by phone at (888) 324-3100.
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