Can You Sue for Emotional Distress After a Car Accident in Delaware?

After a car accident, the physical injuries are often only part of the story. Emotional trauma, such as anxiety, post-traumatic stress disorder, depression, or sleep disorders, can be just as disruptive, affecting your ability to function, work, or enjoy life. 

In Delaware, emotional distress may be part of a broader pain and suffering claim. But pursuing compensation for these non-economic damages can be challenging without the right legal strategy and proof.

Emotional Distress Is a Recognized Injury

Delaware law allows car accident victims to seek compensation not only for medical bills and lost wages but also for emotional harm. This is usually included in a pain and suffering claim, which refers to both the physical and mental toll of an accident.

Common forms of emotional distress after a crash include:

• Post-Traumatic Stress Disorder: Often caused by severe or life-threatening crashes.
• Anxiety or panic attacks: Especially when driving or riding in a car again.
• Depression or mood changes: Resulting from chronic pain or loss of independence.
• Sleep disorders: Including nightmares, insomnia, or fear of nighttime driving.

Although these symptoms aren’t visible like a broken bone, they can deeply affect your day-to-day life and recovery process.

Proving Emotional Distress in Delaware Pain and Suffering Claims

To successfully recover damages for emotional distress, you’ll need to present strong evidence that your psychological suffering is real, ongoing, and related to the accident. Insurance companies often scrutinize these claims closely, making detailed documentation essential.

You can support your emotional distress claim with:

• Medical or psychiatric records: Diagnoses from mental health professionals add credibility.
• Therapy or counseling notes: Showing regular treatment and emotional symptoms.
• Personal journals or statements: Describing changes in mood, behavior, or lifestyle.
• Testimony from family or coworkers: Supporting the impact of your distress on relationships or job performance.

Working with a Delaware car accident lawyer can make all the difference when gathering and presenting this evidence effectively.

Can You Sue If You Weren’t Physically Injured?

Delaware generally requires some type of physical injury to accompany an emotional distress claim stemming from a car accident. However, courts recognize that emotional injuries often go hand in hand with physical trauma, and that even minor injuries can trigger lasting mental health effects.

Important factors Delaware courts consider include:

• Severity of the accident: High-speed crashes or fatalities can justify more serious emotional claims.
• Duration and intensity of distress: Longer-lasting mental suffering is more likely to be compensated.
• Professional diagnosis: A mental health expert’s input carries significant weight.

Even if your physical injuries are relatively minor, don’t assume you can’t pursue a Delaware pain and suffering claim that includes emotional distress.

Edelstein Martin & Nelson

If you’re struggling emotionally after a car accident in Delaware, you don’t have to face the legal process alone. A dedicated Delaware car accident lawyer from Edelstein Martin & Nelson can help you pursue the full compensation you deserve. Call (302) 295-5050 today for a free consultation, and let us stand up for your pain and suffering.