The aftermath of a car accident goes beyond just the physical injuries you’ve suffered. The psychological impact can be just as debilitating. The legal system recognizes this, allowing victims of car accidents the right to seek compensation for emotional distress caused by someone else’s negligence.

Emotional distress refers to the complex and layered emotions that often require psychological intervention and support for full recovery. This might include PTSD, panic attacks, and other mental health issues that result in a loss of enjoyment of life.

Because of how nuanced and complex emotional distress claims can be, it’s important to have expert attorneys by your side. Turn to Adam S. Kutner, an experienced personal injury attorney firm in Las Vegas, where you’ll find the legal representation you deserve as you work to recover the compensation you’re entitled to after a traumatic personal injury accident.

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    What Legally Qualifies as Emotional Distress in Nevada?

    In Nevada, emotional distress qualifies as a legally compensable injury if it meets specific criteria under the state’s intentional or negligent standards. As such, you’ll be able to seek compensation in the form of non-economic damages.

    Often, emotional distress encompasses issues related to mental anguish, psychological injuries, and emotional pain. 

    Some common examples of emotional distress might include:

    • Post-traumatic stress disorder (PTSD) .
    • Severe anxiety, panic attacks, and phobias (For example, a fear of driving after an accident).
    • Depression and chronic sadness.
    • Insomnia, nightmares, or other sleep disturbances.
    • Humiliation or embarrassment from physical scarring or disfigurement.

    Related: Can You Sue for Emotional Distress?

    A woman in emotional distress sitting outside of her vehicle after a car accident.

    How To Prove Emotional Distress After an Accident

    Proving an emotional distress claim in a car accident can be difficult because of the subjective nature of these types of injuries. Still, that doesn’t mean you can’t pursue legal options to recover compensation related to the emotional distress you’ve suffered. Here are some common approaches used to prove an emotional injury claim in a car accident

    Critical Evidence # 1: Medical Documentation

    Medical documentation is the cornerstone of a successful emotional distress claim. Supportive pieces of medical documentation that can help prove your claim include:

    • Diagnosis and appointment records from therapists, psychologists, psychiatrists, etc.
    • Prescriptions to treat a mental health diagnosis.
    • Medical reports that detail the psychological harm.
    • Records of therapy sessions.

    Critical Evidence # 2: A Detailed Personal Journal

    Documenting emotional distress for an accident claim through a personal journal can support your case. Focus on daily entries about how you’re feeling, limitations on your daily life, mental health episodes you’re experiencing, reflections on panic attacks, and how the trauma has affected your overall relationships, work, and personal life.

    Critical Evidence # 3: Testimony From Witnesses

    Witness testimony from friends, loved ones, and coworkers can help shape an image of how the emotional distress you’ve suffered is impacting your life. Witness testimony that touches on observations related to your personality, mood, and overall behavior can be a powerful supporting piece of evidence in your personal injury claim.

    Types of Emotional Distress Claims in Auto Accidents 

    There are two types of emotional distress claims you can make when pursuing emotional distress non-economic damages related to a car accident.

    Negligent Infliction of Emotional Distress (NIED)

    Negligent infliction of emotional distress in an accident is the most common type of claim argued in a typical car accident case. This claim arises from the carelessness of the at-fault driver.

    Nevada recognizes negligent infliction of emotional distress under limited circumstances, including the following:

    • You have been physically injured by a defendant’s negligence.
    • You were a bystander and witnessed a close relative being seriously injured or killed because of the defendant’s negligence (You do not need to have suffered physical injuries to pursue a claim of emotional distress).
    • If you were at risk of physical harm because of a defendant’s negligence, you can recover damages related to emotional distress.

    Intentional Infliction of Emotional Distress (IIED) 

    Intentional infliction of emotional distress in an auto accident is typically reserved for more extreme cases, such as road rage incidents, where the other party’s behavior was outrageous and intended to cause harm.

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    Calculating Compensation: What Is Your Claim Worth?

    Emotional distress compensation in a car crash falls under a type of compensatory damages called non-economic damages. Unlike calculable economic damages, like medical bills or lost wages, non-economic damages are designed to compensate a victim for losses they’ve suffered such as emotional distress, mental health issues, loss of enjoyment of life, and other intangible losses.

    Because these losses are intangible and difficult to calculate, insurance adjusters or the courts will typically use either the multiplier method or the per diem method to calculate compensation.

    • The multiplier method multiplies the economic damages by a multiplier, usually 1.5x to 5x (depending on the severity of your injury).
    • The per diem method assigns a daily dollar value (e.g., $200) for each day you have suffered.

    Related: What Are Non-Economic Damages?

    Why You Shouldn’t Face the Insurance Company Alone 

    Compensation for pain and suffering and emotional distress in a car crash can be complicated and complex. It’s why having an experienced personal injury attorney on your side can make such a difference in your case. They know how to fight on your behalf and provide the evidence to support your emotional distress claims.

    Working with an experienced car accident lawyer, like the ones at Adam S. Kutner, means you’ll be supported by a legal representative who will:

    • Gather evidence to support all your claims of both economic and non-economic damages to help maximize your settlement.
    • Connect you with experts, like accident reconstruction specialists, medical experts, and mental health professionals, who can advocate on your behalf for your suffering.
    • As expert negotiators, our attorneys will push back against lowball settlements.
    • Maximize your compensation through diligent evidence gathering and fact-based negotiation tactics.
    • File a lawsuit on your behalf, meet timelines and deadlines, and represent you in court if a settlement cannot be reached.

    Get Help From an Injury Attorney While You Recover

    Recovering compensation for the emotional distress you’ve suffered after a traumatic car accident is a difficult journey, but you don’t have to do it alone. At Adam S. Kutner, our attorneys are ready to support you so that you can focus on your health and healing, while we focus on building a strong case that aims to maximize your compensation.

    Offering free, no-obligation case consultations, you can take back your power as you work to hold responsible parties accountable. 

    Schedule your free case consultation today.

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    FAQ

    Under NRS 11.190, victims suffering from emotional distress have two years from the date of their accident to file a personal injury claim.

    Yes. However, there are limitations. Under the Negligent Infliction of Emotional Distress Standard, you must have been at risk for physical harm (in the Zone of Danger), or must have witnessed a close family member seriously injured or killed (The bystander rule). Under the Intentional Infliction of Emotional Distress standard, the defendant’s actions must have been extreme, such as road rage. 

    Emotional distress focuses on psychological harm like PTSD or depression, while pain and suffering covers both physical pain and emotional suffering from injuries.

    You may be asked to testify in court. However, most cases are settled outside of court, meaning you won’t have to testify.  

    Seek out support from local free and low-cost clinics, like community health centers. Keeping a daily journal and witness statements can also be invaluable in providing your claims. 

    Yes. You can do so under the Negligent Infliction of Emotional Distress Standard.

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      Adam S. Kutner
      PERSONAL INJURY LAWYER

      With more than 34 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.