Car accidents can be life-changing, not only physically but also emotionally. While physical injuries often take the spotlight after an accident, the emotional toll can be just as severe. In Ohio, victims of car accidents may be able to seek compensation for emotional distress, but the rules and requirements for such claims can be complex. Understanding when and how you can sue for emotional distress is crucial in ensuring that you receive the compensation you deserve for all the harm you’ve suffered—not just the physical.
This blog will explore when you can sue for emotional distress after a car accident in Ohio, the types of emotional distress recognized by the law, and the steps you should take to strengthen your claim.
What Is Emotional Distress?
Emotional distress is a psychological impact that a traumatic event, such as a car accident, can have on a person. It may manifest as anxiety, depression, fear, PTSD (post-traumatic stress disorder), or other emotional suffering. In severe cases, emotional distress can interfere with a person’s ability to work, sleep, or enjoy life.
In Ohio, emotional distress is recognized as a compensable form of harm, but not all emotional suffering will qualify for compensation. Ohio law generally requires emotional distress claims to meet certain legal thresholds in order to be considered legitimate.
Types of Emotional Distress Recognized by Ohio Law
There are two main types of emotional distress that are recognized under Ohio personal injury law:
1. Negligent Infliction of Emotional Distress (NIED)
Negligent Infliction of Emotional Distress (NIED) occurs when someone unintentionally causes you emotional harm through their negligent actions. For example, if a driver caused a car accident due to reckless driving, and you, as a victim, suffered from emotional distress as a result, you could pursue a claim for NIED.
However, in Ohio, claims for NIED are generally only allowed in cases where the emotional distress stems from a “physical peril.” This means that you must have been in a situation where you faced imminent physical harm—such as being in the car during the accident or witnessing a horrific crash up close. Simply hearing about an accident or being upset by it is not enough.
2. Intentional Infliction of Emotional Distress (IIED)
Intentional Infliction of Emotional Distress (IIED) occurs when someone deliberately or recklessly engages in behavior that is so outrageous and extreme that it causes you emotional harm. This form of emotional distress is less common in car accident cases, as most accidents are the result of negligence rather than intentional acts. However, IIED can apply in rare circumstances where the responsible party acted with extreme malice or intentional disregard for the victim’s wellbeing.
An example of IIED might include a road rage incident where a driver intentionally crashes into another vehicle, causing severe emotional trauma to the victim.
When Can You Sue for Emotional Distress After a Car Accident in Ohio?
In order to sue for emotional distress in Ohio, your case must meet several important legal criteria. Here’s a breakdown of when and how you can pursue such a claim:
1. There Was Negligence or Intentional Misconduct
The first requirement for suing for emotional distress after a car accident is that the responsible party must have acted negligently or intentionally. In most car accidents, the at-fault driver acted negligently—whether by speeding, distracted driving, or violating traffic laws. If their negligence caused the accident and you suffered emotional distress as a result, you may have a valid claim.
In cases of IIED, the responsible party must have engaged in outrageous behavior, such as reckless driving fueled by anger or hostility.
2. You Were in Physical Peril or Danger
For NIED claims, Ohio law typically requires that the victim was in physical danger at the time of the accident. This means that you must have been close enough to the accident or involved in it to reasonably fear for your safety. If you were in the car during the accident or narrowly avoided being hit, this would likely meet the standard.
In some cases, emotional distress claims are allowed even if you were not directly involved in the accident but witnessed it. For example, if you witnessed a horrific car crash involving a loved one and suffered severe emotional trauma as a result, you may still be able to bring a claim for NIED, provided the situation meets the legal threshold of “physical peril.”
3. You Suffered Severe Emotional Distress
Ohio courts require that the emotional distress you experience must be severe in order to qualify for compensation. Minor stress or anxiety typically won’t be enough. The distress must be significant enough to disrupt your daily life, such as developing a phobia of driving, suffering from depression, or experiencing panic attacks.
In addition to emotional symptoms, physical manifestations of emotional distress—such as headaches, nausea, insomnia, or weight loss—can strengthen your claim.
4. Medical Evidence Supports Your Claim
One of the key elements in an emotional distress claim is evidence. It’s not enough to simply claim that you are suffering emotionally—you need medical documentation to support it. This typically involves receiving a diagnosis from a mental health professional, such as a psychologist or psychiatrist. Your medical records should show that your emotional distress is linked to the car accident and not caused by unrelated factors.
If you’ve been prescribed medication or have undergone therapy to deal with emotional trauma after the accident, this can further support your claim.
What Compensation Can You Seek for Emotional Distress in Ohio?
If your claim for emotional distress is successful, you may be able to recover several types of damages, including:
- Medical expenses for psychological treatment (therapy, counseling, medication)
- Lost wages if your emotional distress has affected your ability to work
- Pain and suffering, which includes compensation for both physical and emotional pain
- Loss of enjoyment of life if your emotional distress has impaired your ability to engage in daily activities or enjoy life as you did before the accident
In some cases, emotional distress claims can significantly increase the overall value of your personal injury settlement or lawsuit.
Steps to Take If You Believe You Have an Emotional Distress Claim
If you believe that you’ve suffered emotional distress after a car accident in Ohio, here are the steps you should take to protect your legal rights:
- Seek Medical Attention: Your health is the top priority. If you’re experiencing emotional or psychological symptoms, seek help from a mental health professional. Medical documentation is crucial for proving your emotional distress.
- Document Everything: Keep records of your emotional symptoms, medical visits, treatments, and how your distress is affecting your daily life. This documentation can be valuable evidence in your case.
- Contact a Car Accident Attorney: Emotional distress claims can be complicated, and it’s important to have an experienced attorney on your side. A skilled personal injury lawyer can help you navigate the legal process, gather evidence, and negotiate with the insurance company.
- Avoid Speaking with Insurance Adjusters About Emotional Distress: Insurance companies may try to downplay or deny your emotional distress claim. It’s best to have your attorney handle communication with the insurance adjuster to ensure that your rights are protected.
Conclusion: Emotional Distress Is Real and Compensable
Car accidents don’t just leave physical scars—they can cause significant emotional trauma as well. If you’ve been involved in an accident in Ohio and believe you’re suffering from emotional distress, it’s important to understand your rights.
Ohio law allows victims to sue for emotional distress, provided that certain legal requirements are met. By seeking medical treatment and consulting with an experienced attorney, you can protect your rights and pursue the compensation you deserve for your emotional and psychological suffering.
If you need help with your case, reach out to 1Ohio today at [phone].
