Can You File a Personal Injury Claim for Emotional Distress Alone?
March 19, 2025
When most people think of personal injury claims, they picture accidents that lead to serious and obvious physical injuries. Sometimes, however, the incident can be so shocking and traumatic that, although it doesn’t leave physical scars, it can leave psychological ones. But can you file an emotional distress claim alone, without any accompanying physical injuries? The answer can depend on the type of accident you’ve been involved in and even the type of insurance you have.
At Wapner Newman, our team of Pennsylvania personal injury lawyers understands how difficult it is to go through the claims process. Proving that you’ve suffered emotional distress is particularly difficult, so it can be essential that you contact an attorney to help you if you’re planning on filing an emotional damages lawsuit.
Speak with one of the attorneys at Wapner Newman by calling (215) 569-0900.
Understanding Emotional Distress
The Complexities of Pennsylvania Law
Emotional distress is a broad term that describes the emotional and psychological harm that you can suffer after a traumatic incident. It’s often taken into consideration when filing a personal injury claim, but whether it can be pursued on its own in Pennsylvania will depend on a number of factors.
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress, which is the legal theory behind these types of claims, differs from state to state. In Pennsylvania, you’re allowed to recover emotional distress damages without a physical injury in certain circumstances.
If you’re in the zone of danger during an incident, you may be able to file for emotional distress without additional injuries. The zone of danger is a doctrine that allows plaintiffs to file a claim for emotional distress alone if they were within the zone of danger where they could have suffered physical injuries and where they feared for their safety. The key to zone of danger claims is that you must have been at risk of an injury. You’re not required to prove that you suffered one, however.
Pennsylvania also allows people who were witnesses to a traumatic event involving a loved one to claim emotional distress damages. To be able to claim losses, the injured person must have been a close loved one, and you must have witnessed the incident as it occurred.
It’s also possible to claim these damages if there is a certain relationship between the parties, such as a doctor-patient relationship.
Intentional Infliction of Emotional Distress
You may also claim emotional distress damages without suffering a physical injury if you were the victim of intentional infliction of emotional distress. To win these claims, you must show that the defendant’s actions were outrageous, extreme, and conducted with a complete lack of regard for whether they caused distress. You must also show that there is a connection between the defendant’s actions and your severe distress.
Emotional Distress in Car Accidents: Limited and Full Tort Insurance
Pennsylvania has particularly complex laws when it comes to car accidents because of the insurance options you have. If you have full tort insurance, for example, you can file an emotional distress lawsuit whether you suffered physical injuries or not. That might not be the case with limited tort insurance unless you experience economic losses because of emotional distress.
Limited tort insurance will only cover medical expenses and lost wages that result from physical injuries. You’ll have the chance to pursue a lawsuit for other losses only if you suffered a serious injury that meets a certain threshold. Your lawyer at Wapner Newman can help you understand your options.
At Wapner Newman, we make getting the legal assistance you deserve simple. If you can’t come to our offices, we’ll go to you.
Emotional Distress Damages: What Can You Claim?
When filing a personal injury claim for emotional distress, it can help to know what you could recover.
Mental Health Treatment Expenses
If you develop mental health concerns because of the accident, such as anxiety, depression, or post-traumatic stress disorder, getting treatment can mean significant expenses. Therapy sessions and medications can quickly start adding up. In the most severe cases, you could even need to spend time at a facility to stabilize yourself mentally. Demonstrating the costs you incurred because of the defendant’s conduct may allow you to receive damages to cover your expenses.
Lost Income
If the emotional distress you’re suffering is severe enough to keep you from going to work, you will not receive the income you would otherwise have made. Often, people don’t realize just how much conditions like post-traumatic stress disorder or major depressive disorder can prevent someone from living life normally. You may not be able to return to work in the same capacity as before, which could allow you to claim reduced earning potential.
Pain and Suffering
If you’re able to pursue a lawsuit against the other party, you can claim pain and suffering damages. Aside from getting help for the economic losses you experienced, these damages address the loss of enjoyment of life you may be experiencing as well as the overall distress you’re under. These are subjective losses, so it’s important to have an attorney helping you fight for the maximum possible compensation.
Proving Emotional Distress
To file a claim for emotional distress alone, you’ll need essential documentation that proves you’re suffering severe issues and that you’re not able to live your life in the same way as you did before. Therapy records can help prove that you received professional assistance, and having a clear diagnosis from a mental health expert is also vital.
One of the options your lawyer has is to call on medical professionals to testify about what you’ve experienced. If you’re not able to work, proof not only of the usual income you would make but demonstrations that you were not able to receive that income is very helpful. It’s also important to have testimony from loved ones. They can speak about how the emotional distress has impacted your daily life.
Speak With Pennsylvania Personal Injury Lawyers
Trust the Team at Wapner Newman
After experiencing or witnessing an accident, it may be possible to file a lawsuit against the defendants and receive compensation. To do this, you need the help of experienced personal injury lawyers. At Wapner Newman, we bring decades of experience to the negotiation table, allowing us to fight for the assistance you need.
Schedule a free consultation with our team of Pennsylvania lawyers by calling (215) 569-0900.