Compensation for Emotional Injuries Without Physical Injuries

Auto accident cases typically require physical injuries to succeed in court. However, you may get compensation for emotional injuries without physical injuries in some rare cases. Just know that the legal theories and required standard of proof for standalone emotional injuries are high. Below is an overview of compensation for such emotional injuries.

The Law Recognizes Two Types of Victims

Two types of victims can recover damages for emotional injuries without physical injuries. First, you can recover such damages as a bystander who witnessed a serious accident that caused severe or fatal injuries to a loved one. For example, a parent who witnesses a truck crash into their child may recover damages for bystander injuries.

Secondly, you can recover damages if you narrowly miss being an accident victim by sheer luck. Consider a case where a driver loses control of their car and drives over the sidewalk on which you are walking, but another alert person pulls you out of the way at the last minute.

Medical Diagnosis and Treatment is Necessary

You can only recover damages for emotional injuries if you receive a medical diagnosis and relevant treatment. That is, the court will not just take your word for it if you complain that you have suffered mental pain minus physical injuries. Your medical records should have proof of a mental health diagnosis, such as post-traumatic stress disorder (PTSD).

The Law Requires Physical Manifestations

Many courts will also demand proof of physical or physiological manifestations of your emotional pain. The demand makes sense since the body systems interconnect, and mental health problems often trigger physical symptoms. For example, PTSD might trigger weight loss or gain, sleep difficulties, and loss of appetite, among other symptoms.

Different Tests Apply

Courts only allow emotional injury claims for foreseeable accidents. However, foreseeability is not always enough. In addition to foreseeability, the courts use different tests to determine whether you qualify for injury compensation without physical injuries. Below are some of these tests.

Impact

The impact test requires you to experience some physical impact from the accident. The impact does not have to be serious enough to cause an injury. For example, some courts will accept a hit from a flying pebble as adequate proof of the test.

You can use eyewitness testimony, video footage, or photographs to prove the accident's physical impact on you. The rationale is that you should experience some physical impact if you are close enough to an accident to experience emotional trauma.

Zone of Danger

The zone of danger is the physical area around the accident scene whose inhabitants experienced or could have experienced physical injuries. The zone of danger test means you can only get compensation for emotional injuries if you were within this area at the time of the crash.

With this test, you cannot get compensation if a car rolls 50 yards off the road and you are standing 70 yards away from the road. The car's zone of danger only covers 50 yards from the road.

However, you can get compensation if you are 40-yards from the road and in the car's direct path. You may get compensation even if the car misses you in such a case. For example, you may get compensation for emotional injuries if you slip and fall while running from the car, and the fall saves you.

As you can see, auto accident claims are sometimes complicated. The applicable laws are also not static and can change with time. Contact Walsh & Associates, PC, to help you pursue compensation for auto accident damages irrespective of their nature. We have practiced injury law for over 30 years and understand the nuisances of personal injury law.