Yes. Under California law, emotional distress is considered part of “pain and suffering,” a broad category of non-economic damages that may be awarded in a personal injury case.
You do not have to suffer a physical injury to claim emotional distress, though in most cases, emotional distress is easier to prove and more likely to be compensated if it accompanies a physical injury. However, if a family member witnesses a negligent or fatal injury to a close relative, they may be able to recover for their emotional distress without any physical injury themselves, if they were present at the time of injury and had contemporaneous awareness their loved one was being injured.
In sum, California courts do recognize emotional harm—especially when it significantly interferes with your quality of life. And if you are a close relative who witnessed a family member be injured or killed by the negligence of another.
When Emotional Distress Becomes Part of a Claim
In most car accident claims, emotional distress is included as a component of pain and suffering when a physical injury is present. For example:
- If you sustained a serious foot injury and now experience anxiety about mobility or chronic pain, that emotional toll is part of your damages.
- If you have nightmares, panic attacks, or depression related to the motor vehicle accident, those symptoms can and should be addressed in your claim.
In instances where a family member witnessed a traumatic accident (even if not physically injured) involving a loved one, they may be able to recover damages for emotional distress under California’s “negligent infliction of emotional distress” doctrine.
How Do You Prove Emotional Distress?
Unlike a broken bone, emotional distress doesn’t show up on an X-ray. That makes documentation and storytelling even more important.
Here are the key steps to prove emotional distress in a car accident claim:
- Medical and Mental Health Records
Seeking treatment from a medical doctor, psychologist, therapist, or psychiatrist creates a professional record of your symptoms. This is often the strongest form of evidence.
- Testimony from Mental Health Experts
If your case involves serious emotional trauma—like PTSD—a qualified mental health expert may be able to offer a formal diagnosis, and provide a medical report or testimony about how the accident has affected you.
- Personal Journal or Symptom Log
Keeping a written record of your emotional symptoms, how often they occur, and how they impact your life helps create a clear, credible narrative over time.
- Statements from Friends, Family, or Employers
People close to you may be able to describe changes in your behavior, mood, and ability to function since the crash. These statements can help support your claim.
- Impact on Daily Life
Be prepared to explain how emotional distress has interfered with your relationships, your ability to work, your enjoyment of activities, or your general well-being.
How Much Compensation Can You Get for Emotional Distress?
The value of your claim depends on:
- The severity and duration of the emotional injury and nature of your symptoms
- The severity of the incident and/or injury from which your emotional distress arises
- Whether you sought medical treatment for the symptoms
- Whether a medical provider specifically diagnosed the nature of your mental injury
- The extent of your supporting evidence of the injury and your symptoms
- Whether your emotional distress is accompanied by physical injuries
- The overall impact on your daily life and mental health
Insurance companies often downplay non-economic damages, including emotional distress. They may offer small amounts for emotional distress or deny it altogether. This is where having a knowledgeable attorney makes a major difference.
Challenges in Emotional Distress Claims
Emotional distress is harder to prove than physical injury—and insurers know it. Here are a few common hurdles:
- Lack of medical documentation: If you don’t seek treatment, insurers may argue that your symptoms aren’t serious enough to warrant compensation.
- Delayed onset of symptoms: Some emotional effects don’t show up right away, which can raise doubts in the insurer’s mind.
- Bias against mental health: Unfortunately, emotional trauma isn’t always taken as seriously as it should be, especially in legal or insurance contexts.
- Minimization by the insurer: Insurance companies often use software formulas to calculate non-economic damages and may ignore emotional distress unless it’s well documented.
How The Hassell Law Group Can Help
At The Hassell Law Group, we understand that the impact of a car accident goes beyond physical injuries. Whether you or a loved one was injured, emotional injuries can be substantial. We take emotional distress seriously—and we know how to build strong cases that include compensation for the mental and emotional harm you suffered.
Here’s how we can help:
- Connect you with trusted mental health professionals who can diagnose and document your symptoms
- Compile and present compelling evidence to support your emotional distress claim
- Negotiate aggressively with the insurance company to make sure your emotional trauma is recognized and fairly compensated
- Handle all the legal work so you can focus on recovery
- Fight for maximum compensation—including pain, suffering, and emotional distress damages
With decades of experience and a long track record of successful case results across San Francisco and the Bay Area, we’ve helped countless clients recover the compensation they truly deserve—for their physical, financial, and emotional damages.
Final Thoughts
If you’ve been involved in a car accident and are struggling with anxiety, fear, nightmares, or depression, you’re not alone—and you’re not without options.
Yes, you can make a claim for emotional distress after a car accident in California. But proving it—and getting full compensation—requires the right strategy, documentation, and advocacy.
Don’t let an insurance company tell you what your emotional distress is worth.
Contact The Hassell Law Group today at (415) 334-4111 for a free consultation. We’ll review your case, listen to your story, and help you understand your rights. You deserve to be heard—and we’re here to help you heal.
The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
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