Can You Sue for Emotional Distress in a Personal Injury Case?
July 14, 2025
When someone suffers an injury due to another person's negligence or wrongdoing, the physical damages are often obvious, but what about the emotional pain that comes with it? If you live in Hilton Head Island, South Carolina, and you've experienced emotional distress along with physical injury, you might wonder if you can pursue compensation as part of a personal injury claim.
William G. Jenkins has helped clients recover compensation not only for medical bills and lost wages but also for the emotional toll accidents have taken on their lives. Let’s explore when and how you can sue for emotional distress in a personal injury case and why working with a skilled personal injury attorney is crucial to protect your interests.
What Is Emotional Distress in Personal Injury Cases?
Emotional distress refers to mental suffering caused by an accident or injury. This may include anxiety, depression, insomnia, or post-traumatic stress disorder (PTSD). The law in South Carolina recognizes emotional distress as a legitimate injury in many personal injury cases.
Generally, emotional distress can arise in two ways in a personal injury case:
Direct emotional distress: This happens when you suffer emotional trauma directly because of the accident or injury itself.
Negligent infliction of emotional distress: This occurs when someone’s careless actions cause you emotional harm, even if you weren't physically injured.
Knowing these distinctions helps determine whether you have a valid claim for emotional distress damages.
When Can You Claim Emotional Distress Damages?
Not every emotional upset after an accident qualifies for a legal claim. South Carolina courts usually require certain conditions to award damages for emotional distress in a personal injury case. Here are some typical scenarios when you might be able to sue for emotional distress:
Physical injury accompanied by emotional distress: If your physical injuries cause mental suffering, such as anxiety or depression related to the injury, you may claim damages for both.
Severe emotional trauma without physical injury: In some cases, you can claim damages solely for emotional distress, but it usually requires clear evidence that the distress was serious and caused by the defendant’s actions.
Witnessing a traumatic event: If you witnessed a loved one suffer serious injury or death because of someone else’s negligence, you might have a claim for emotional distress as a bystander.
Intentional or reckless conduct: Emotional distress claims are stronger if the defendant intentionally or recklessly caused your suffering rather than just being careless.
It’s important to work with a personal injury attorney who can help gather the right evidence and build a strong case for your emotional distress claim.
Types of Evidence to Support Emotional Distress Claims
Proving emotional distress can be challenging since it’s not visible like a broken bone or a scar. Courts often look for objective evidence to back up your claim. Here are some types of evidence that can help demonstrate emotional distress in a personal injury case:
Medical records and psychiatric evaluations: Documentation from mental health professionals diagnosing anxiety, depression, PTSD, or other related conditions.
Testimony from healthcare providers: Statements from therapists, counselors, or psychiatrists explaining how the injury has impacted your mental health.
Personal journals or logs: Written accounts of your emotional state and symptoms over time.
Witness statements: Testimonies from family, friends, or coworkers describing changes in your behavior or mood after the accident.
Prescription medication records: Proof that you’ve been prescribed medication to manage emotional or psychological symptoms caused by the incident.
Your personal injury attorney can help you collect and organize this evidence to present a convincing claim for emotional distress damages.
How Emotional Distress Damages Are Calculated
Calculating emotional distress damages isn’t an exact science, but several factors influence the amount you might receive. The courts and insurance companies generally consider:
Severity of emotional suffering: How intense and long-lasting your mental anguish has been.
Relationship to physical injuries: Whether the emotional distress stems directly from a physical injury or stands alone.
Impact on daily life: The extent to which emotional distress has interfered with your ability to work, socialize, or perform routine activities.
Duration of treatment: How long you’ve sought professional help, and the cost of that treatment.
Intentionality of defendant’s actions: Emotional distress caused by intentional wrongdoing may lead to higher damages.
Because these damages can be subjective, having a personal injury attorney advocate on your behalf is key to achieving a fair settlement or verdict.
Common Challenges in Emotional Distress Claims
While emotional distress claims are valid, they often face skepticism because of their intangible nature. Here are some common challenges you might encounter:
Difficulty proving severity: Without physical evidence, it can be hard to convince insurers or courts that your emotional distress is serious enough for compensation.
Insurance company resistance: Insurance adjusters may try to minimize or deny claims for emotional damages to reduce payouts.
Legal limitations: Some states have caps on non-economic damages, including emotional distress, limiting the amount you can recover.
Statute of limitations: Emotional distress claims must be filed within the same time frame as your personal injury claim to avoid being barred.
Facing these hurdles alone can reduce your chances of success, which is why consulting a skilled personal injury attorney is critical.
How a Personal Injury Attorney Helps With Emotional Distress Claims
A qualified personal injury attorney can make a significant difference when you seek damages for emotional distress. Here’s how they assist:
Evaluating your claim: An attorney will assess whether your emotional distress qualifies for compensation and advise you on the next course of action.
Gathering evidence: They’ll work with medical professionals, counselors, and witnesses to collect the necessary documentation to prove your claim.
Negotiating with insurers: A personal injury attorney knows how to push back against lowball offers and demand fair compensation for your suffering.
Representing you in court: If your case goes to trial, your attorney will present your emotional distress claim effectively before a judge or jury.
Maximizing total recovery: They’ll combine emotional distress damages with compensation for physical injuries, lost income, and other losses to maximize your settlement or award.
Working with an experienced personal injury attorney like William G. Jenkins can provide peace of mind during a difficult time and improve your chances of a favorable outcome.
Steps to Take If You’ve Suffered Emotional Distress From an Injury
If you believe you have a claim for emotional distress after an accident, here are some important steps to follow:
Seek medical and mental health treatment: Early evaluation and treatment not only help your recovery but also provide documentation for your claim.
Document your symptoms: Keep a journal or record describing your emotional and psychological struggles.
Contact a personal injury attorney promptly: Time limits apply, so speaking to a qualified lawyer early protects your rights.
Avoid discussing your claim on social media: Insurance companies may use your posts against you to downplay your suffering.
Follow your attorney’s advice: They’ll guide you through the claims process and help you make informed decisions.
Taking these steps can strengthen your case and improve your chances of obtaining compensation for emotional distress.
Contact Jenkins Law Firm Today
Suing in a personal injury case can be challenging, but it’s often possible if you’ve suffered mental suffering connected to someone else’s negligence or intentional wrongdoing. If you’re in Hilton Head Island, South Carolina, or in Beaufort and Jasper County, working with a personal injury attorney like William G. Jenkins can help you build a strong claim. Call the Jenkins Law Firm today.