Emotional Distress Car Accident Compensation in South Carolina - Can I Sue My Insurance Company For Emotional Distress? - Psychological Trauma After Car Accident

Can I Sue For Emotional Distress Compensation After A Car Accident?

Emotional Distress Car Accident Compensation In South Carolina

Car accidents in Myrtle Beach can have profound effects, extending beyond physical injuries which is often referred to as significant emotional distress. Even when individuals escape physical harm, the psychological impact of such incidents can linger. According to a study provided by the, National Library of Medicine, survivors of road traffic accidents (RTA) reported alarming rates of post-traumatic stress disorder (PTSD) symptoms, with 32.3% experiencing these distressing effects. Another 17.4% of RTA victims reported symptoms indicative of depression, and anxiety rates were reported at 5.8%. This underscores the complex interplay between physical and emotional well-being following car accidents in Myrtle Beach, emphasizing the need for holistic support and understanding for those affected.



While the percentage of individuals experiencing anxiety after car accidents in Myrtle Beach may seem relatively low at 5.8%, when considering the sheer volume of accidents, the impact becomes staggering. A form of emotional distress, anxiety plays a significant role in the impact of a car accident on an individual. In 2021 alone, South Carolina witnessed approximately 147,000 crashes. Applying the 5.8% figure to this total, it translates to a significant 7,350 individuals grappling with the daunting effects of anxiety following their accidents. Additionally, common side effects of PTSD and depression can include anxiety, further raising the rate of individuals experiencing anxiety after a car accident.

It’s crucial to recognize that anxiety is more than just worrying excessively; it is a facet of emotional distress that can cause physical injuries if not treated. For those affected, the experience of anxiety often triggers the fight or flight response, magnifying seemingly harmless situations to make them feel like the end of the world. Understanding and addressing the emotional toll of car accidents is essential to providing comprehensive support for individuals navigating the aftermath of such traumatic events.

Get a FREE Case Evaluation*
or Call 843-281-7205

What Are Common Symptoms Of Anxiety After A Car Accident

Experiencing anxiety following an auto accident can manifest in various ways, and recognizing these symptoms is crucial for seeking appropriate treatment. The aftermath of a car accident may trigger symptoms such as:

  • Accelerated or pounding heart
  • Sweating
  • Trembling
  • Shortness of breath
  • Feeling like you’re choking
  • Chest pain similar to a heart attack
  • Gastrointestinal distress
  • Nausea,
  • Lightheadedness
  • Numbness or tingling in extremities
  • Fear of losing control
  • Fear of death

It’s common for individuals to undergo these anxiety symptoms without realizing their connection to the auto accident. Seeking treatment for anxiety is vital to restoring your well-being after such a traumatic event. The Lovely Law Firm is here to offer assistance, helping you navigate the complexities of emotional distress claims and providing the support needed to get your life back on track. Don’t hesitate to reach out for the help you deserve in coping with the aftermath of an auto accident and addressing the varying side effects of anxiety that may be affecting your daily life.

Get a FREE Case Evaluation*
or Call 843-281-7205

Can I Sue My Insurance Company For Emotional Distress?

In Myrtle Beach, if a car accident results in emotional distress, including anxiety, you may be eligible for compensation. While emotional distress compensation typically accompanies physical injuries, it is not always a prerequisite. Seeking the counsel of a personal injury lawyer becomes crucial to ensure that you demand and recover just and fair compensation, addressing any psychological harm experienced by you or your loved ones.

South Carolina law stipulates that the negligent driver’s insurance should cover property damage to your vehicle and any injuries sustained. If the at-fault driver is uninsured, your own insurance company is expected to cover the property damage.

Can you sue the insurance company for bad faith in South Carolina? Yes, you can. Every insurance policy is essentially a contract where the insurer commits to providing payment in the event of an accident while the policyholder agrees to pay a premium. In South Carolina, there is an implied expectation of good faith and fair dealing in every contract. When this expectation is not upheld, it constitutes bad faith, making the insurer susceptible to legal action.

Beyond economic damages, which cover measurable losses like medical bills and vehicle damage, non-economic damages play a vital role and can be claimed. These damages encompass non-monetary losses often referred to as pain and suffering damages, including:

  • Physical pain and suffering
  • The inability to participate in normal activities
  • Loss of enjoyment of life
  • Psychological or emotional distress

Determining the financial compensation for emotional distress can be challenging, unlike the more tangible economic damages. Successful claims may result in financial compensation for both economic and non-economic damages, highlighting the importance of a comprehensive understanding of the law and the assistance of legal professionals to navigate the complexities of emotional distress claims in the aftermath of a car accident.

Get a FREE Case Evaluation*
or Call 843-281-7205

Psychological Trauma After Car Accident Compensation

Claiming compensation for psychological distress, also known as emotional distress (ED), involves navigating a challenging legal process. To succeed in a court of law, the injured party must establish a direct link between the emotional suffering and the actions or negligence of the other party involved. It’s important to note that simply experiencing distress after an accident is not sufficient grounds for emotional distress in car accident compensation. Providing a clear and demonstrable connection to the accident is essential.

When pursuing a legal claim for emotional distress, presenting evidence of the impact on daily life becomes crucial. Documentation of emotional distress can serve as valuable evidence, including the documentation of:

  • Sleep disturbances
  • Anxiety attacks
  • Behavioral changes
  • Attendance at therapy sessions
  • Diagnosis of post-traumatic stress disorder (PTSD)

These elements help substantiate the emotional distress claim, providing a comprehensive picture of the severity of the emotional suffering endured by the victim. Successfully navigating the legal intricacies of proving emotional distress in court requires thorough documentation and a strong case that establishes the direct correlation between the accident and the resulting psychological trauma. In short, you need some physical manifestation of injury and the treatment and diagnosis from a medical professional in order to bring these damages in your car wreck lawsuit.

Get a FREE Case Evaluation*
or Call 843-281-7205


How We Can Help You Recover Emotional Distress Car Accident Compensation in South Carolina

A car accident lawyer in Myrtle Beach from The Lovely Law Firm understands the profound impact that emotional distress, including anxiety, can have after a car accident. Our team is dedicated to helping you pursue the compensation you deserve for the psychological trauma you’ve experienced.

Beyond fighting for your rights to compensation, we prioritize your well-being by ensuring access to the best treatment to aid in your recovery from emotional distress. Whether it’s documenting sleep disturbances, anxiety attacks, changes in behavior, or seeking a diagnosis of post-traumatic stress disorder (PTSD), our legal experts work diligently to build a strong case that demonstrates the direct link between the accident and the emotional suffering you endure.  You can trust the attorneys at The Lovely Law Firm to provide legal support, advocate for your rights, and help you navigate the complexities of emotional distress claims after a car accident. Contact us today for a free consultation at 843-281-7274. We have offices in Myrtle Beach as well as in North CharlestonColumbiaConway, and Florence, which allows us to provide legal services across a wide region.

Get a FREE Case Evaluation*
or Call 843-281-7205
Every case is different. Results vary.

Top 40 under 40Top 100 trial lawyersNational Trial Lawyers Top 100Martindale AV Certificate Trial Lawyers Top 100South Carolina Association of Criminal Defense LawyersSouth Carolina Association for Justice10 Best 2014