Emotional distress can be just as serious as a physical injury after an accident. Anxiety, depression, sleep problems, and post-traumatic stress can affect every part of a person’s life. This raises an important question: Can you sue for emotional distress? In South Carolina, the answer is yes, but these claims are often complicated. Here, our Greenville personal injury lawyer explains what you need to know about emotional distress claims, how they work, and when you may be entitled to compensation.
Is Emotional Distress a Personal Injury?
Many people ask: Is emotional distress a personal injury? Under South Carolina law, emotional distress is considered part of a personal injury claim. To be sure, the South Carolina Noneconomic Damage Awards Act (S.C. Code § 15-32-210) defines personal injury to include mental distress, suffering, and other non-economic damages.
In other words, emotional distress is legally recognized as a type of personal injury damage. If another person’s negligence caused your injuries, you may be able to recover compensation for emotional trauma, along with physical injuries, medical bills, and lost wages.
Emotional distress often arises after serious accidents such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Workplace accidents
- Medical malpractice
- Wrongful death cases
In most situations, emotional distress is included as part of a broader personal injury claim rather than filed as a standalone lawsuit. A personal injury lawyer emotional distress claim usually involves proving that another party’s negligence caused both physical and psychological harm.
Understanding Personal Injury Emotional Distress Damages
In a personal injury emotional distress claim, the emotional harm must be real, documented, and connected to the accident. Emotional distress damages are considered non-economic damages, which South Carolina law (S.C. Code § 15-38-15) specifically allows injured victims to recover in negligence cases, including compensation for mental anguish, pain, suffering, and loss of enjoyment of life.
Emotional distress damages may include compensation for:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Fear or panic attacks
- Sleep disorders
- Emotional trauma
- Loss of enjoyment of life
- Mental anguish
- Grief and emotional suffering
These damages do not have a clear dollar amount like a hospital bill. Instead, the value is determined based on the severity of the injury, how long the emotional distress lasts, and how it affects daily life. For example, someone involved in a serious car accident may develop anxiety about driving, nightmares, or panic attacks. These are real injuries and may be compensable under South Carolina personal injury law.
Types of Emotional Distress Claims in South Carolina
South Carolina law generally recognizes two types of emotional distress claims:
1. Negligent Infliction of Emotional Distress
This occurs when someone’s negligence causes emotional harm. South Carolina courts recognize negligent infliction of emotional distress claims when a person suffers mental anguish due to another person’s careless actions. However, South Carolina limits some negligent infliction claims to bystander situations, such as when someone witnesses a close family member being seriously injured or killed in an accident. In most accident cases, emotional distress is included as part of a standard personal injury negligence claim.
2. Intentional Infliction of Emotional Distress (The Tort of Outrage)
South Carolina also recognizes the tort of intentional infliction of emotional distress, sometimes called the “tort of outrage,” as recognized by the South Carolina Supreme Court in Ford v. Hutson (1981).
To win an intentional infliction of emotional distress case in South Carolina, a plaintiff must generally prove:
- The defendant intentionally or recklessly caused emotional distress
- The conduct was extreme and outrageous
- The conduct caused emotional distress
- The emotional distress was severe
These cases are difficult to prove and typically involve extreme conduct such as harassment, threats, or intentional wrongdoing.
How Do You Prove Emotional Distress?
Proving emotional distress is often one of the most difficult parts of a personal injury case. Unlike a broken bone, emotional injuries cannot be seen on an X-ray. Because of this, documentation and evidence are extremely important. South Carolina courts generally require proof that emotional distress is real, severe, and directly caused by the accident.
Evidence used to prove emotional distress may include:
- Medical records
- Therapy or counseling records
- Psychiatric evaluations
- Medication records
- Personal journals
- Testimony from family and friends
- Expert witness testimony
- Evidence showing lifestyle changes
- Work records showing missed time or reduced performance
In these types of cases, our personal injury lawyers will often work with medical professionals, psychologists, and expert witnesses to demonstrate the impact emotional distress has had on your life.
How Much Is Emotional Distress Worth?
One of the most common questions people ask is how much emotional distress compensation is worth. The truth is that there is no standard amount. The value depends on many factors, including:
- Severity of emotional trauma
- Length of recovery
- Need for therapy or medication
- Impact on work and daily life
- Physical injuries involved
- Whether the injury is permanent
- Strength of evidence
- Insurance policy limits
- Fault and liability issues
South Carolina generally does not cap non-economic damages in most personal injury cases, though there are caps in medical malpractice claims under S.C. Code § 15-32-220.
In serious personal injury cases, emotional distress damages can be a significant portion of a settlement or verdict.
Emotional Distress and Negligence Law in South Carolina
South Carolina is a fault-based personal injury state, meaning an injured victim must prove negligence to recover compensation. To win a personal injury emotional distress claim, you must generally prove:
- The other party owed you a duty of care
- They breached that duty through negligence
- Their actions caused the accident
- You suffered damages, including emotional distress
South Carolina also follows modified comparative negligence rules. This means you can recover damages as long as you are not more than 50 percent at fault for the accident, but your compensation will be reduced by your percentage of fault.
Why You Should Talk to a Personal Injury Lawyer About Emotional Distress
Emotional distress claims are complicated. Insurance companies often try to minimize or deny these damages because they are harder to calculate than medical bills or property damage. Without legal representation, many injury victims accept settlements that are far lower than what their claim is actually worth. Our team is prepared to investigate the specifics of your case and develop a strategy that best positions you to recover the compensation that you are due.
Contact a Greenville Personal Injury Lawyer for Help With Emotional Distress Claims
Emotional trauma after an accident is real, and the law recognizes that emotional distress can be a serious personal injury. If you are asking, “Is emotional distress a personal injury?”, the answer is often yes, especially when the emotional harm is connected to an accident caused by someone else’s negligence.
At McCravy, Newlon & Clardy Law Firm P.A., one of our Greenville personal injury lawyers can review your case, explain your rights, and help you pursue compensation for both physical and emotional injuries. Initial consultations are free, and there is no obligation to us. Don’t hesitate any longer; if you or a loved one suffered emotional distress after an accident in South Carolina, reach out to us today to discuss your legal options. We serve zip code 29601 and the surrounding areas.