When it comes to car accidents, not all injuries leave physical scars. The emotional distress you suffer during the incident and afterward can over time unravel your sense of security, disrupt your mental well-being, and have a lasting impact on your day-to-day life. As such, you may be wondering, is there any way for me to seek compensation for my emotional distress? The good news is, under New York law, you most certainly can.
In this blog, we at Gabriel Law, in our capacity as an experienced accident lawyer in New York, will be elaborating on how you may sue for emotional distress, the challenges associated with proving it, and the evidence you will need to build a strong case that will allow you to claim the compensation you deserve.
How can you claim emotional distress in a car accident?
In legal terms, emotional distress can be defined as a “highly unpleasant emotional reaction resulting from another’s conduct for which damages may be sought.”
First and foremost, since New York is a no-fault insurance state, car accident cases have to first go through the insurance claims process. However, your insurer will only compensate you for quantifiable, economic losses such as medical expenses, wages, and other related costs. Unquantifiable, non-economic losses such as emotional distress are not considerations in insurance payouts. Therefore, if you want compensation for your emotional distress, you have to file a personal injury lawsuit.
Fortunately, New York law gives people the option to claim compensation for emotional distress even when there are no physical injuries. This is thanks to the “zone of danger” rule. According to this rule, you can claim compensation if you can prove that
- The defendant’s negligence put you at immediate risk of harm, or
- You witnessed the death or serious injury of a close family member.
For example, you narrowly avoided a head-on collision and have subsequently developed PTSD. If you can show that the near miss put you at immediate risk of harm and it caused you to develop PTSD, you would most likely be able to successfully claim compensation for emotional distress.
But keep in mind that proving emotional distress without physical injury is quite challenging, but not impossible. This is because New York courts are quite wary of the potential for abuse and the likelihood of seeing an increased number of frivolous claims that waste both time and resources.
How are the compensatory values for emotional distress calculated?
When it comes to determining a “fair and reasonable” value for the emotional distress you’ve suffered, the courts may adopt one of two methods. They are;
- The “Per Diem” Method; or
- The Multiplier Method
The “Per Diem” Method
Calculating damages under the “per diem” method is rather simple—you simply establish a daily value for the pain and suffering (emotional distress) and multiply it by the number of days that the emotional distress continued. The only hard part about this method is determining the daily value. For example, if we’ve established the daily value at $100 and determine that the emotional distress lasted for 180 days, the value is $18,000.
The Multiplier Method
Alternatively, the court may also use the multiplier method. Under this method, all your medical expenses are multiplied by a “multiplier” between 1 and 5. For example, if your medical expenses were $40,000 and the multiplier has been set at 5, you would end up with $200,000.
What evidence can I present to show emotional distress?
Your ability to successfully claim compensation for emotional distress mostly hinges on the ability of your car accident lawyer NYC to construct strong arguments and paint a picture of how the emotional distress has significantly impacted your day-to-day life. The more evidence you present, the more likely the court is to acknowledge your version of events as definitive. The strongest evidence for emotional distress includes:
- Testimony from close friends and family members comparing your character before and after the incident;
- Testimony from medical practitioners and expert evidence attesting to the signs of emotional distress;
- Medical records;
- Photographs of the incident;
- Prescriptions for medications taken to cope with psychological conditions.
Conclusion
In the aftermath of a car accident, psychological scars can be just as debilitating as physical injuries. Thankfully, New York law has recognized this reality and has allowed for injured parties to pursue compensation for these invisible wounds—under the right circumstances. If you’re on the lookout for experienced car accident attorneys to help you build a strong case that allows you to present emotional trauma in a compelling way to maximize your compensation, contact us at Gabriel Law. Your victory is personal to us, ensuring that your voices are heard and rights are defended.
