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  • Writer's pictureLeitner Varughese Warywoda

Ask A New York Car Accident Attorney: Can I Sue for Emotional Distress After a Car Accident?

Updated: Mar 16

New York Car Accident Attorney

Ask A New York Attorney - Car accidents are terrifying experiences. While a lot of attention goes towards broken bones and other physical injuries, the emotional scars can be just as serious – sometimes even more damaging in the long term. New York law recognizes this, and you may be entitled to compensation for the emotional distress caused by a car accident. Read below and learn more from a New York car accident lawyer:

What is Emotional Distress?

Emotional distress is a legal term for significant mental or psychological suffering. After a car accident, common types of emotional distress include:

  • Anxiety attacks

  • Depression

  • Post-traumatic stress disorder (PTSD)

  • Difficulty sleeping or nightmares

  • Fear of driving or being a passenger in a car

Proving Emotional Distress in Your Case

The best way to establish an emotional distress claim is through professional help. Seek treatment from a therapist or psychiatrist who can diagnose your condition and outline the effect it has on your life. Their medical records will be powerful evidence.

Testimony from family and friends who have witnessed changes in your emotional state after the accident can also be valuable.

"Pain and Suffering" Damages

In New York personal injury cases, "pain and suffering" is a category of compensation designed to address both physical pain and emotional distress.

When calculating these damages, factors considered include:

* Severity of your emotional distress

* How long the symptoms are likely to last

* The impact on your work and personal relationships

Challenges in Emotional Distress Claims

Insurance companies might be skeptical of emotional distress claims, making it harder to get fair compensation. This highlights why it's crucial to have an experienced New York car accident attorney advocating for you. They'll gather the evidence needed and fight to ensure you receive the full compensation you deserve.


Don't underestimate the impact of a car accident on your mental health. If you're struggling with anxiety, flashbacks, or other forms of emotional distress after a crash, you have the right to seek help and to pursue compensation for those invisible injuries.

Contact A New York Car Accident Lawyer Today

The attorneys at Leitner Varughese Warywoda understand the toll car accidents can take, both physically and emotionally. If you are struggling with emotional distress after a car accident, don't hesitate to reach out. We offer free consultations to help you understand your rights and options. Contact us today.

email: | voice call: (212) 671-1110 | text message: (631) 886-4260


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