Can You Sue for Emotional Distress After a Car Accident in New York?
Car accidents can be very frightening events for drivers and passengers. One minute you’re driving down the road, minding your own business. The next, your car is overturned on the side of the highway. People often focus on the physical damage after an accident, including bodily injuries and damage to vehicles. However, emotional distress should not be disregarded. Many people suffer from the emotional distress and trauma of an accident for years.
You can sue for emotional distress after a car accident in New York, but there may be some hurdles to clear first. Injured drivers, passengers, and pedestrians are required to go through insurance before seeking additional compensation. While insurance rarely covers emotional distress, you might be blocked from suing if you cannot prove you suffered any serious injury. If you can overcome these obstacles, you must tackle the difficult job of determining the monetary value of your emotional distress.
Suing for emotional distress is legally possible, but certain plaintiffs may find the process difficult. Other plaintiffs might be barred from suing if they cannot overcome the insurance roadblocks. Our Staten Island car accident lawyers are here to help. Set up a free legal consultation with the legal team at The Carrion Law Firm. Call (718) 841-0083 to get help today.
Suing for Emotional Distress After a Car Accident in New York
You can sue for emotional distress in New York after a car crash, but there will be some legal hang-ups along the way. New York is a no-fault state, so you are required to go through your insurance first before pursuing additional compensation from a lawsuit. The no-fault rule regarding insurance means that your insurance is required to cover you up to a certain amount, no matter who caused the accident. This is a great benefit for drivers who were responsible for their accidents. However, drivers who are to blame for their car wrecks typically cannot sue other drivers for things like emotional distress.
To sue another driver after a car accident in New York, you must demonstrate two things: that you were not at fault for the collision, and you suffered a serious injury. Serious injuries can include injuries that are not life-threatening, like broken bones or lacerations. They also include long-lasting injuries like disfigurement or loss of senses like hearing or vision.
Emotional distress is typically not covered by your insurance’s basic no-fault coverage, which means a lawsuit is necessary to recover compensation for these damages. However, to begin your lawsuit, you must meet the criteria mentioned above. Our Queens car accident lawyers can help you get started today.
Calculating Damages for Emotional Distress After a Car Accident in New York
If you can file a personal injury lawsuit for emotional distress after your car accident, you must calculate the value of your damages. Plaintiffs often find this process difficult because they do not know how to assess the value of their emotional distress. Our New York car accident lawyers have experience calculating these kinds of damages and will help you figure out the accurate monetary value of your emotional distress.
To calculate the value of your damages, we can look at both the physical and psychological aspects of your emotional distress. It may be necessary to visit various medical professionals to figure out the extent of your emotional trauma, whether it is connected to any physical ailments, and if you have a diagnosable psychological condition.
Your emotional distress may be causing a physical reaction in your body. People under severe emotional distress might lose weight because they cannot eat. They could also notice their hair falling out from all the stress. People experiencing severe emotional distress may also notice other physical ailments, like headaches, skin irritations or breakouts, and fatigue.
Your emotional distress may not necessarily show any outward physical signs. Many people experience panic attacks, severe anxiety, and depression after a car accident. A mental health professional can help us determine the extent of your distress. Call our Bronx car accident lawyers to get help today.
Legal Strategies for Cases of Emotional Distress After Auto Accidents in New York
When suing for emotional distress after a car accident, you have two possible courses of action. If you believe the accident occurred because of the other driver’s negligent behavior, you can sue for negligence. However, if you think the other driver caused the accident on purpose, perhaps in a fit of road rage, you may sue for intentional infliction of emotional distress.
Cases of negligence tend to be a bit more common than intentional torts, especially cases involving car accidents. Most car accidents are not intentional acts as they put everyone, including the actor, in serious danger of harm or death. To prove negligence, you must prove four crucial elements: duty, breach, causation, and damages. You must show that the defendant owed you a legal duty of care, that they violated that duty, and that violation was the proximate cause of your damages. All drivers owe a legal duty to drive safely, and when this duty is breached, accidents occur.
A tort for intentional infliction of emotional distress also has several critical elements, although they are somewhat different from negligence. You must demonstrate that the defendant intended to cause you harm or distress. Their conduct was extreme or outrageous. You actually suffered emotional distress, and the defendant’s behavior is the cause of your distress. It is not uncommon for cases of intentional infliction of emotional distress to fail because a defendant’s actions were not sufficiently outrageous. Their actions must be so extreme as to shock the conscience.
If you suffered emotional distress after an accident, call our New York City car accident lawyers for help.
Contact Our New York Car Accident Lawyers
Your emotional distress and suffering after a car accident deserve to be compensated. Our Brooklyn car accident attorneys will work to get you the compensation you rightfully deserve. Call The Carrion Law Firm at (718) 841-0083 to set up a free, private legal consultation.