Can Family Sue for Emotional Distress After a Loved One’s Accident in California?
After a major accident that leaves a family member injured or traumatized, family members often struggle with their own mental wellbeing as well. It’s excruciating to see a loved one suffer, even more so if their injuries have permanently altered their life. However, many family members may wonder if their emotional distress is worth anything in California personal injury lawsuits. Could a physically unaffected party sue for emotional damages, and how would they prove it?
What is Emotional Distress in California Personal Injury Cases?
There are many forms of damages in personal injury cases. While most are familiar with the physical or financial damages a claim may demand, some may be unaware that emotional distress damages are also taken into account when considering demands for a personal injury case in California. In California, emotional distress is the trauma or anguish that accompany someone else’s negligent or intentional actions. These may have direct relationships with financial costs, such as through therapy or medication fees, or they may be more nebulous like the upset caused by a long hospital stay or permanent life change.
How Do You Prove Emotional Distress?
Emotional distress can sometime be difficult to prove in California due to its intangible nature. While there are many ways to quantify a part of the emotional distress damages, therapist bills and medication fees may not cover the full extent of the trauma inflicted. Oftentimes, experienced California personal injury attorneys like those at BD&J will request expert testimony from psychologists, therapists, and other professionals to prove the impact a party’s negligent actions may have had on their client.
Can Family Members Sue for Emotional Distress Damages in California?
Yes, family members are eligible to sue for emotional distress in personal injury lawsuits in California. In 2024, the California Superior Court determined family members who were witnesses to their loved one’s accident themselves or were present for the aftermath and recovery have grounds to file a personal injury lawsuit of their own claiming emotional distress damages. However, before filing a lawsuit, consider the extent of your distress. If you were a caretaker, close family member, or confidante for the victim during their accident or their recovery, you will likely have more standing than a more distant family member who wasn’t as involved in the aftermath of their loved one’s accident. Remember: your loved one’s injury had to have a profound impact on your mental health for a claim to be successful.
Frequently Asked Questions
What qualifies as negligence in a personal injury lawsuit?
Negligence occurs when an individual does not take the proper care or fails to follow proper procedure to avoid an injury or accident. This may take the form of a driver who is texting while on the highway, a construction worker who fails to follow safety precautions and injures another, or a building owner who neglects to fix a portion of their property which could cause injury.
Are emotional distress damages only for caretakers?
No. While caretakers of injured victims have a solid basis for filing emotional distress damages in California, other family members could potentially be mentally impacted by their loved one’s accident.
Do emotional distress damages have a two-year statute of limitations in California?
Yes. Like other personal injury damages, emotional distress damages have a two-year statute of limitations. This means a family member must file a lawsuit claiming emotional distress within two years of their loved one’s accident in California.
How to Retain a Reliable Personal Injury Lawyer in California
If your loved one was injured or lost their life due to another’s negligence and you experienced emotional distress for the incident, you may be eligible to collect compensation. Follow these steps to contact a personal injury attorney with BD&J, PC.
- Collect documentation on your emotional wellbeing. Therapy bills, medication fills, and other tangible evidence of emotional distress are vital to bringing a case.
- Contact our personal injury team here. Complete our form to receive a call from one of our team members regarding your potential case. Our lawyers will review the information you provide and begin the process of filing.
- Stay in contact with us. Our personal injury attorneys will be keeping you informed as your claim progresses. However, we empower our clients to participate in their claim and may need to discuss the process with you.
Representing the Rights of Injured Clients and Their Families for More Than 20 Years
Our team of California personal injury and wrongful death attorneys know how heartbreaking it can be to watch your loved one suffer, or to lose them completely. We prioritize you and your recovery above all else, ensuring you always have a legal ally and a listening ear when things feel insurmountable. Complete the form to schedule a free consultation to learn if you have case for emotional distress.
