Injured accident victims can file a claim for a variety of economic and non-economic damages in New York. One of the types of non-economic damages that may be available is known as emotional distress. Successfully navigating accident claims and settlement negotiations with insurance companies requires an in-depth understanding of what is allowed in New York and how insurers handle accident claims.

Mark E. Seitelman Law Offices have been representing clients in their claims and lawsuits to recover damages for over 30 years. We are well-versed in how to determine which damages are available to our clients and hold the at-fault party liable for those damages. Dealing with insurance companies is often challenging for people in the aftermath of an accident, and our attorneys will ensure that your case is handled with the care and attention you deserve.

What Counts as Emotional Distress in Legal Terms?

Not only does an accident have the potential to be psychologically harmful and lead to significant stress, but navigating complex legal processes and negotiating with insurance companies can add to the emotional toll. When an insurance company denies your accident claim, you may feel as though you have exhausted all options and will be responsible for covering the damages yourself. However, filing a lawsuit may be the best step after an insurance denial.

Emotional distress can often be included in your lawsuit and includes losses such as mental anguish, emotional trauma, and pain and suffering. These non-economic damages are intangible and subjective, so establishing the impact on your life and associating a monetary value with these losses can be difficult without an experienced attorney.

The New York City accident lawyers at Mark E. Seitelman Law Offices have been advocating for clients for three decades, and our experience allows us to effectively and thoroughly determine the value of your case based on factors like emotional distress.

Key Symptoms of Emotional Distress

Car accidents and other personal injury incidents can lead to tremendous amounts of emotional distress for victims and their families. Each person experiences the effects of their accident differently, but symptoms that may suggest you’re experiencing harmful emotional distress include:

  • Hallucinations or flashbacks
  • Headaches
  • Sleep disturbances
  • Anxiety
  • Depression
  • Suicidal ideations
  • Post-traumatic stress disorder

Therapy and counseling sessions can be helpful for many people suffering from symptoms like these. If you are having any suicidal thoughts after your accident, please call the Suicide and Crisis Hotline at 988 or another trusted source of support.

Eligibility Requirements for Filing an Emotional Distress Claim

If you were injured in an accident caused by the negligence of another person or entity, you may be eligible to file a claim for emotional distress. In New York City, people injured in an accident can file a claim for compensation as long as they are not fully responsible for the accident. The state’s comparative fault system states that you may be eligible to recover damages even if you share fault for the accident, but any compensation you receive will be decreased according to your shared fault.

New York also has a legal concept known as negligent infliction of emotional distress, which may be available to bystanders of an accident and family members of accident victims if the following elements exist:

  • They witnessed their family member being injured due to someone else’s negligence
  • They could have been harmed in the incident
  • They are experiencing emotional distress as a result

If you believe that you or a loved one who witnessed your accident may be eligible to sue for emotional distress, contact our accident attorneys to discuss a potential lawsuit. Having guidance during this process can relieve a significant amount of stress, allowing you to focus on your recovery and health.

Is It Possible to Sue Your Insurance Company for Emotional Distress?

Suing your insurance company may be a possibility in certain situations, including bad faith actions. Insurance companies in New York have responsibilities and legal obligations to policyholders. When they violate these requirements, it is known as bad faith. Insurance companies may be acting in bad faith if they:

  • Deny a legitimate claim
  • Do not provide a reason for denying a claim
  • Fail to settle a claim within a reasonable amount of time
  • Offer lowball settlement amounts

Dealing with an insurance company that is acting in bad faith can cause a significant amount of emotional distress for injured accident victims. Contact us to find out if you may be eligible to file a lawsuit against the insurance company for emotional distress.

What Types of Damages Can Be Awarded for Emotional Distress?

When pursuing compensation for emotional distress, you may be able to include the following economic and non-economic damages:

  • Mental anguish
  • Current and future medical expenses
  • Loss of income
  • Loss of enjoyment of life
  • Loss of consortium

These compensation options for emotional distress claims can help alleviate the financial burden many accident victims face after being injured. At Mark E. Seitelman Law Offices, our New York City attorneys work tirelessly to ensure you receive the maximum compensation possible because we understand how concerns over money can exacerbate emotional distress symptoms.

New York Attorneys for Emotional Distress Lawsuits Against Insurance Companies

Contact our attorneys to find out if you’re eligible to file a lawsuit against the insurance company for emotional distress. Cases involving damages like emotional distress are complex, and accurately calculating the value of subjective harm and the actual expenses associated with your injuries requires familiarity with New York personal injury laws. Contact Mark E. Seitelman Law Offices to schedule a free consultation today.