Emotional distress is a serious yet often underestimated consequence of car accidents. In Illinois, victims of car accidents may pursue compensation not only for physical injuries and financial losses but also for pain and suffering, including emotional distress. However, proving emotional distress in a car accident claim can be complex and may require clear evidence, expert testimony, and aggressive representation from a personal injury law firm.
What Are Emotional Distress Claims in Illinois?
Emotional distress refers to the mental suffering or anguish experienced as a result of an accident or traumatic event. In the context of Illinois personal injury law, emotional distress may encompass symptoms like anxiety, depression, post-traumatic stress disorder (PTSD), sleep disturbances, and other forms of psychological trauma. Illinois courts recognize emotional distress as a compensable damage, provided it can be proven with adequate evidence.
Emotional Distress as an Independent Claim vs. Part of a Physical Injury Claim
In Illinois, emotional distress can be pursued as part of a broader personal injury claim following a car accident or as an independent claim. Generally, emotional distress is considered a component of “pain and suffering” in personal injury cases, allowing plaintiffs to seek compensation for both physical and psychological impacts under one claim. However, in rare cases where physical harm is absent or minimal, Illinois allows claims for emotional and psychological injuries alone under certain conditions.
Types of Emotional Distress Claims in Illinois Car Accidents
Two primary types of claims are relevant in car accident cases—negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). Each type has distinct legal standards and evidence requirements.
Negligent Infliction of Emotional Distress (NIED)
Under NIED, car accident victims seek compensation for emotional distress caused by another party’s negligent behavior. To succeed in an NIED claim, Illinois law requires the plaintiff to prove the following elements:
Duty of Care: The at-fault driver had a legal duty to drive safely and avoid causing harm to others.
Breach of Duty: The driver breached this duty through negligent behavior (e.g., speeding, distracted driving).
Causation: The negligent act directly caused the plaintiff’s emotional distress.
Physical Impact or Injury: Traditionally, Illinois courts required a physical injury or impact as a prerequisite to claim NIED. However, under the “zone of danger” rule, a plaintiff can recover without a physical injury if they were close enough to be in actual danger of physical harm due to the defendant’s negligence.
Note: The “zone of danger” rule has become particularly relevant in Illinois, allowing individuals to seek compensation even if they were not physically harmed, provided they were at imminent risk of injury.
Intentional Infliction of Emotional Distress (IIED)
IIED claims involve situations where the at-fault driver’s behavior was so extreme and outrageous that it intentionally or recklessly caused severe emotional distress. Illinois law requires the following elements for an IIED claim:
Extreme and Outrageous Conduct: The defendant’s behavior must be beyond mere negligence and reach a level that is deemed intolerable in society.
Intent or Recklessness: The defendant either intended to cause emotional distress or acted with reckless disregard for the likely outcome.
Causation: The plaintiff’s emotional distress must directly result from the defendant’s actions.
Severity of Distress: The plaintiff must demonstrate that their emotional distress was severe enough to interfere with their daily life.
Types of Damages You Can Recover for Emotional Distress
Medical and Psychological Treatment Costs
Emotional distress often requires professional treatment, such as therapy, counseling, or medication. You may recover costs related to mental health treatment, including initial evaluations, therapy sessions, psychiatric care, and prescribed medications.
Pain and Suffering Damages
These damages compensate for the general psychological impact of emotional distress, covering symptoms like anxiety, depression, fear, and ongoing mental anguish. Pain and suffering damages are intended to address the non-economic impact of emotional trauma.
Lost Wages Due to Emotional Distress
If emotional distress has affected your ability to work, resulting in missed workdays or reduced productivity, you may recover compensation for lost wages. This may include both past and future income if the psychological impact prevents you from returning to work at full capacity.
Loss of Enjoyment of Life
Emotional distress can significantly reduce your ability to engage in activities you once enjoyed. You may be compensated for this loss of enjoyment or quality of life, as the distress has altered your day-to-day experiences and lifestyle.
Loss of Consortium
If emotional distress has impacted your relationships with loved ones, such as your spouse, you may recover damages for loss of consortium. This accounts for the strain on personal relationships and any loss of companionship or intimacy caused by the trauma.
Loss of Future Earning Capacity
If emotional distress impairs your long-term ability to work or pursue career advancement, you may be eligible for compensation for loss of future earning potential. This damage accounts for the economic impact that your emotional trauma may have on your career over time.
Household and Daily Assistance Costs
In cases where emotional distress makes it challenging to perform daily tasks or manage household responsibilities, you may be able to recover costs for assistance. This includes hiring assistance for childcare, cleaning, or other tasks that have become difficult due to emotional impairment.
Costs for Lifestyle Changes and Modifications
Severe emotional distress may lead to the need for lifestyle adjustments, such as relocation to a less stressful environment or additional support tools to manage symptoms. These associated costs can also be part of a claim.
Punitive Damages
In some cases where the emotional distress resulted from the defendant’s extreme recklessness or intentional behavior, punitive damages may be awarded. These damages are meant to punish the wrongdoer and deter similar behavior in the future.
Proving Emotional Distress Damages in Illinois
In Illinois, proving emotional distress could be more challenging than proving physical injuries, as psychological harm is less visible and more subjective. To successfully pursue an emotional distress lawsuit, a plaintiff will need substantial evidence, which may include:
Medical and Psychological Records: Documentation from healthcare providers or mental health professionals can validate the diagnosis and treatment of emotional distress, such as PTSD or anxiety.
Testimony from Mental Health Experts: Expert testimony can help establish a direct link between the car accident and the plaintiff’s emotional distress and related psychological serious injuries.
Personal Testimony: The plaintiff’s account of their suffering, sleep disturbances, flashbacks, or other symptoms can offer insight into the psychological impact.
Affidavits from Family Members and Friends: Statements from people close to the plaintiff can attest to changes in behavior, mood, or emotional well-being after the accident.
Steps to File an Emotional Distress Claim After a Car Accident
To file a claim for emotional distress after a car accident, the following steps are typically involved:
Document the Accident and Emotional Symptoms: Begin by collecting all records related to the accident, including police reports, medical records, and any psychological treatment received as a result of the accident.
Consult with a Personal Injury Attorney: Given the complexity of emotional distress claims, working with an experienced Illinois car accident attorney can significantly strengthen your case. A car accident lawyer can help assess full damages, collect compelling evidence, and build a strong case for compensation.
File an Insurance Claim: Illinois requires car insurance policies to include liability coverage, which can cover both physical and psychological damages. You may start by filing a claim with the at-fault driver’s insurance company, if you suffered emotional distress and other damages, such as physical pain.
Negotiate with the Insurance Company: Emotional distress claims can be challenging to quantify, and insurance adjusters may offer lower settlements initially. Your attorney can negotiate with the insurer, using evidence to substantiate the severity of your emotional suffering.
Prepare for Litigation: If the insurance company denies or undervalues the claim, you may need to pursue legal action. Having documented evidence, expert testimonies, and a detailed record of your symptoms can be crucial if your case goes to court.
Calculating Emotional Distress Damages in Illinois
Unlike economic damages (such as medical bills or lost wages), emotional distress damages are considered non-economic and may be more difficult to calculate. Courts may rely on a combination of methods to determine fair compensation for emotional distress, including:
Multiplier Method: This method multiplies the total economic damages by a factor (usually between 1.5 and 5) based on the severity of emotional distress.
Per Diem Method: A daily rate is assigned to the emotional suffering, calculated over a specific period (from the date of the accident until recovery).
A knowledgeable attorney at an Illinois law firm can help determine the most appropriate calculation method based on the unique details of your case.
Get Strong Legal Representation from An Experienced Illinois Personal Injury Lawyer
If you or a loved one has suffered an injury due to someone else’s negligence, you don’t have to face this challenging time alone. At the Law Office of Jack M. Shapiro, P.C., we are here to provide compassionate, dedicated support every step of the way. Illinois personal injury attorney Jack M. Shapiro understands the physical, emotional, and financial toll an injury can take, and he is committed to fighting for the largest possible compensation you need. To schedule your free consultation, call us or contact us online.