A car accident can be traumatic. Sometimes, it can cause devastating emotional damage even if there is no physical injury involved. That being the case, can you seek damages for emotional distress in North Carolina? You may, but it depends on various factors. Here is what you need to know about them.
When can you recover for emotional distress without a physical injury?
If you suffer physical injuries in a car accident, you can recover for emotional distress as part of your standard pain and suffering damages. Alternatively, you may pursue an independent claim for negligent infliction of emotional distress (NIED) even without physical injury if you suffer severe emotional distress. For the latter, the court would expect you to prove the following:
- The other driver acted negligently
- The other driver could have reasonably foreseen that their conduct would cause severe emotional distress
- The negligent conduct directly caused you to suffer severe emotional distress
For car accident occupants, proving foreseeability can be complex, as you are expected to show that a reasonable driver could anticipate their actions would cause severe emotional distress.
What evidence can support an NIED claim?
As mentioned earlier, in North Carolina, you don’t have to be physically injured for NIED claim. However, you are still required to show a clear link between the other driver’s negligent act and your emotional distress. Documented proof of severe emotional distress, including psychiatric diagnoses, treatment records and medication history, can come to your rescue in a personal injury case.
What to consider before pursuing an NIED claim
If you don’t have a clear strategy and enough evidence in place, the at-fault driver’s insurance company may dispute an emotional distress claim. Most importantly, North Carolina is a pure contributory negligence state where a victim’s actions will be more scrutinized. If you are found to have contributed to the accident in any way – even slightly – you may be completely barred from recovering damages. An attorney experienced in personal injury cases can help collect evidence to show the extent of your emotional distress while you focus on recovery.
