Yes, you can claim emotional distress after a car accident in New York as long as it can be linked to a physical injury that you sustained as a result of the collision. In other words, you cannot take legal action in pursuit of compensation for emotional distress alone.
Instead, you can claim emotional distress as a side effect of the physical injuries you sustained in the crash. For help pursuing compensation as the victim of a car accident in New York, reach out to a Brooklyn car accident lawyer as soon as possible.
What is Emotional Distress in a New York Car Accident Case?
Emotional distress doesn’t always show up right away. For many people, it’s a post-accident symptom that builds gradually over time. You might find yourself feeling more anxious than usual, or maybe you’ve started avoiding certain routes or stopped driving altogether.
Falling asleep might become more difficult, or you could find it harder to stay focused at work. Ultimately, everyday tasks can overwhelm you in ways they never did before. Emotional distress can also manifest as panic attacks, depression, or PTSD.
What makes it especially frustrating is that others might not fully understand what you’re going through, especially if there aren’t any visible signs. A lot of it is mental, and that doesn’t always show up in tangible ways, but that doesn’t make your experience any less real.
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Here’s Why Emotional Distress is Harder to Pursue
The state of New York abides by something called a no-fault system for car accidents. That means your own insurance will be responsible for covering your basic medical costs and some lost wages, no matter who caused the crash.
However, if you want to step outside of this system and pursue compensation for emotional distress, you usually have to meet the serious injury threshold as defined by NY Insurance Law § 5102. In simple terms, it means your injury has to be major enough to justify a lawsuit. These are a few examples of what this might include:
- Bone fractures
- Permanent limitations
- Injuries that keep you from your normal daily activities for a set period of time
This is important because emotional distress is typically tied to a qualifying physical injury. It’s not usually a standalone claim in standard car accident cases.
As a result, if your case meets this threshold, emotional distress can become part of the pain and suffering damages you’re pursuing compensation for with the help of your attorney. In that sense, you can claim emotional distress after a car accident in New York.
How Your Attorney Can Prove That You are Owed This Non-Economic Damage
When claiming for emotional distress after a New York car crash, it’s not enough to simply explain how you feel and expect the insurance company to accept your statements. Instead, you have to show a clear connection between the accident and what you’re experiencing now.
This usually starts with your attorney presenting the insurance company with adequate medical documentation. If you’ve spoken with a doctor, therapist, or other professionals, those records can help your lawyer argue that your symptoms are not only real but also ongoing.
Now, if you started receiving treatment for your injuries but then stopped, then the insurance company might argue that your condition isn’t as serious as you’re claiming. Your lawyer will do everything they can to show that your physical injuries have resulted in emotional distress.
What is Emotional Distress Usually Worth After NY Car Accidents?
There isn’t a fixed number for emotional distress. Instead, this non-economic damage is usually calculated as part of a larger pain and suffering value, which also varies widely depending on the details of the exact situation.
What matters above all is the severity of your symptoms, how long they last, and how much they affect your day-to-day life. Strong medical care and consistent treatment can support your claims and make all the difference in how your case is valued.
After less serious accidents, emotional distress could add tens of thousands of dollars to your personal injury claim. Meanwhile, in the aftermath of major incidents, the value of your case can reach upwards of six figures, if not more.
Contact Chaikin Trial Group Personal Injury Lawyers for Help Claiming Emotional Distress After a NY Car Accident
If you are the victim of a car crash and you’re interested in pursuing compensation for emotional distress, contact Chaikin Trial Group Personal Injury Lawyers ASAP. The sooner you reach out to our law firm, the more time we’ll have to work on your case.
The state of New York usually gives victims three years to file a personal injury claim, and while this might sound like a long time, pursuing compensation is not a fast process. Plus, waiting can make things harder than they need to be, and gaps in treatment can be used against you.
With 50 years of combined experience, our attorneys have recovered $100 million for our clients. Led by a principal attorney with two decades of experience backing him, our legal team understands how to handle cases like yours with skill and compassion. Call now for more information.
