Accidents can leave more than just physical scars. In Greenville, South Carolina, many people involved in car crashes, truck collisions, or other traumatic events struggle with emotional distress that interferes with daily life. This psychological suffering, ranging from anxiety and depression to post-traumatic stress, can significantly impact your enjoyment of life and mental health.
If you’re experiencing mental anguish due to someone else’s negligence, you may be entitled to pursue non-economic damages through a personal injury lawsuit. While physical injuries are easier to prove, emotional harm can be just as debilitating,and compensable.
This blog will help you understand how to file an accident claim for emotional distress in Greenville, SC, and how a legal team can help secure the fair settlement you deserve.
What Is Mental Anguish in Personal Injury Cases?
Mental anguish refers to the emotional pain caused by a traumatic event, such as a car wreck or workplace accident. It’s a type of non-economic damage, meaning it doesn’t have a clear dollar value like medical treatment or Property Damage, but it still carries serious weight in court.
Common symptoms of mental anguish include:
- Anxiety or panic attacks
- Depression and emotional numbness
- Sleep disturbances and nightmares
- Mood swings or irritability
- Inability to enjoy hobbies or family life
- Withdrawal from work or social life
In severe cases, the emotional toll may lead to diagnoses like PTSD or traumatic brain injury-related trauma.
Can You File a Personal Injury Claim for Mental Anguish in Greenville?
Yes. South Carolina law allows injury victims to file a personal injury claim for emotional distress, even if they didn’t sustain severe injuries. However, having physical injuries can strengthen your case.
Situations where mental anguish claims may apply include:
- Car or truck accidents
- Motorcycle or pedestrian crashes
- Slip and fall incidents (e.g., wet floor injuries)
- Wrongful death of a loved one
- Defective products
- Reckless driving or distracted driving cases
What You Must Prove in a Mental Anguish Claim
1. Triggering Event
There must be a clear incident caused by someone else’s negligence or Duty of care breach,like being rear-ended by a fault party in downtown Greenville.
2. Genuine Psychological Impact
Evidence of psychological trauma may include:
- Diagnoses and notes from mental health professionals
- Records of medical treatment or therapy
- Prescription history for anxiety, depression, or sleep issues
- Personal journals or witness statements
3. Severity and Duration
Your emotional symptoms must have a lasting impact on your daily life. Short-term anxiety won’t qualify as easily as long-term loss of enjoyment and social withdrawal.
The Role of Medical Experts and Legal Representation
Legal representation is essential in these complex claims. Your personal injury attorneys will help collect:
- Medical and psychological records
- Evaluations from licensed therapists or psychiatrists
- Evidence of impact on employment or financial losses
- Documentation of physical pain or trauma
They may also prepare expert testimony to prove how the accident claim disrupted your quality of life.
Damages You Can Recover for Emotional Distress
Mental anguish is part of your non-economic damages, which may include:
- Long-term anxiety, depression, or PTSD
- Loss of consortium or loss of companionship
- Reduced capacity for enjoyment of life
- Emotional grief from spinal cord injuries, disfigurement, or loss of a loved one
- Social isolation or withdrawal from work
Can You Recover Damages Without Physical Injuries?
Yes,but your burden of proof is higher. If you didn’t suffer severe injuries, you’ll need stronger evidence such as therapy notes, expert evaluations, and detailed documentation of the emotional impact.
Mental Anguish in Wrongful Death Cases
In Greenville County, wrongful death claims often include compensation for:
- Grief and long-term suffering
- Loss of consortium or companionship
- Emotional trauma experienced by surviving children or spouses
Only close relatives,spouses, children, or parents,can typically file these lawsuits.
Time Limits for Filing in Greenville
South Carolina has a three-year statute of limitations for legal action involving personal injuries, including mental anguish. You must file within this timeframe, or your case may be dismissed.
Can Insurance Cover Mental Anguish?
Yes. If the responsible party has liability coverage, personal injury lawyers can include emotional damages in the settlement. However, insurers often undervalue emotional distress, so you’ll need strong evidence and legal advocacy to secure maximum compensation.
Real Example: Rear-End Collision and Mental Trauma
Suppose you were rear-ended at a stoplight in Greenville. You had minor property damage and no lasting physical injuries, but the crash triggered panic attacks and severe driving anxiety. After seeing a therapist and being diagnosed with PTSD, you missed work and avoided social situations.
With the help of your law firm, you submitted therapy bills, witness statements, and expert reports in your accident claim. Your case resulted in a fair settlement that acknowledged your emotional distress.
Why Choose Ted Law Firm?
The experienced attorneys at Ted Law Firm know that emotional trauma is real,and we fight to make sure it’s taken seriously. When you work with our legal team, you’ll receive:
- Strategic handling of legal proceedings
- Help gathering documentation and expert support
- Strong negotiation with insurance companies
- Guidance every step of the way
We offer initial consultations at no cost, and we’re here to help you find peace after a challenging time. 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. If you’ve suffered mental anguish after an accident, don’t wait to get help. Contact Ted Law Firm for a free initial consultation with compassionate personal injury lawyers who are ready to fight for your recovery.
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.
