Accidents in Charleston, South Carolina, can lead to far more than just physical injuries. For many injury victims, the emotional toll can be just as devastating—sometimes even more. At Ted Law Firm, we understand that psychological trauma, anxiety, and emotional pain are very real consequences of accidents. South Carolina law recognizes mental anguish as a valid part of a personal injury claim, and we’re here to help you pursue full and fair compensation for your suffering.
This guide covers what you need to know about mental anguish claims, how to prove them, and how to get the financial recovery you deserve.
What Is Mental Anguish in a Personal Injury Claim?
Mental anguish refers to the emotional and psychological suffering caused by an accident. This includes internal injuries like:
- Anxiety or panic attacks
- Depression or emotional withdrawal
- Insomnia or recurring nightmares
- PTSD
- Fear of driving or public spaces
- Loss of enjoyment of life
Even without visible physical injuries, these effects can dramatically alter a person’s daily life, impacting relationships, work, and overall quality of life.
Can You Sue for Mental Anguish After an Accident?
Yes, you can. In South Carolina, mental anguish is considered a non-economic damage and can be part of your claim for financial compensation. To succeed, you typically must prove:
- A negligent party caused your accident
- You experienced emotional distress as a result
- The distress significantly impacted your daily life
Supporting evidence like medical records, therapy notes, and expert testimony from mental health professionals can greatly strengthen your claim.
Common Accidents That Cause Mental Anguish
While any traumatic event can lead to emotional distress, these types of personal injuries are particularly likely to trigger psychological trauma:
1. Car and Auto Accidents
High-speed collisions or catastrophic wrecks often cause long-term emotional effects, such as PTSD or intense driving fears.
2. Truck Accidents
Due to their scale, truck crashes often result in severe or catastrophic injuries and lingering trauma.
3. Motorcycle Crashes
Motorcyclists face higher risks of traumatic brain injury and often experience loss of enjoyment of life due to lingering fear or disability.
4. Pedestrian Accidents
Being struck as a pedestrian can lead to physical pain as well as panic or avoidance behaviors.
5. Wrongful Death
If a loved one dies due to someone’s negligence, wrongful death claims may include punitive damages and compensation for emotional grief.
How to Prove Mental Anguish in South Carolina
Proving intangible losses like emotional distress requires strategic use of documentation:
- Medical records from psychiatrists, therapists, or primary care providers
- Therapy notes documenting the duration and severity of symptoms
- Personal journals or diaries
- Testimony from friends, family, or coworkers
- Expert witnesses to explain the impact of your psychological trauma
South Carolina Law on Emotional Distress Damages
State law allows recovery for emotional distress, especially when physical injuries are also present. Courts consider:
- Severity of the emotional harm
- Whether there was intentional or negligent conduct
- Medical documentation
- Proximity to the traumatic event (especially in NIED claims)
If you’re filing without a physical injury, the court may require proof you were in the “zone of danger” or closely connected to the injured party.
Economic vs. Non-Economic Damages
In a personal injury lawsuit, damages are classified as:
| Type of Damages | Examples |
| Economic Damages | Medical expenses, loss of income, therapy costs |
| Non-Economic Damages | Mental anguish, emotional pain, loss of consortium, quality of life |
Even though non-economic damages are harder to quantify, they are just as critical to your financial recovery.
What Is the Settlement Value for Mental Anguish?
There’s no set formula. Your compensation depends on:
- Severity and longevity of symptoms
- Impact on daily lives and ability to function
- Necessity for ongoing medical treatment
- Presence of accompanying physical injuries
- Type of traumatic event involved (e.g., defective products, premises liability, or auto accidents)
Proper documentation makes a major difference in the final settlement or verdict.
Why Documentation Matters
Because emotional injuries are invisible, your claim must be backed by strong, credible evidence:
- Seek medical attention early
- Track every therapy session and related expense
- Note changes in work performance, relationships, and hobbies
- Share information with your attorney to develop a solid case
- Collect witness statements and expert analysis
Time Limits: When Should You File?
Under South Carolina’s personal injury laws, the statute of limitations for most claims is three years. However, cases involving government agencies may have shorter timeframes.
Missing the deadline could result in losing your right to file. Consult an experienced attorney early to protect your rights.
How Ted Law Firm Can Help
At Ted Law Firm, our legal team is dedicated to securing fair compensation for all your injuries—both visible and invisible. We help injured parties in Charleston and North Charleston by:
- Documenting mental anguish thoroughly
- Communicating with difficult insurance adjusters
- Pursuing claims for both economic damages and intangible losses
- Taking legal action if a settlement isn’t offered
We’ll support you throughout the legal process, making sure responsible parties are held accountable.
Final Thoughts
If you’re suffering from emotional distress after an accident, don’t wait. The effects of psychological trauma can be just as debilitating as broken bones or neck injuries. Know your rights and pursue the justice you deserve. We proudly serve injury victims in Aiken, Anderson, Columbia, Charleston, Myrtle Beach, North Augusta, Orangeburg, and Summerville. If you’ve been injured due to someone else’s reckless or criminal behavior, our experienced attorneys are here to help you seek justice and recover the compensation you deserve. Let Ted Law Firm help you file a successful claim for emotional damages. Call us today for a free consultation and start your journey toward healing and compensation.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
