A serious car crash can leave you with more than physical injuries. Many people also suffer from anxiety, depression, and other forms of mental anguish long after their bodies heal. If you are dealing with psychological harm following a collision caused by someone else in Belleville, Illinois, you may be able to seek compensation for your emotional distress under Illinois law.
What Is Emotional Distress in a Personal Injury Case?
Emotional distress refers to the psychological harm a person experiences after a traumatic event. This type of harm, also called mental anguish, can show up in many ways. Common symptoms include constant worry, trouble sleeping, feelings of hopelessness, anger, and withdrawal from friends and family. Some people develop more serious conditions like post-traumatic stress disorder (PTSD) or clinical depression.
Illinois law recognizes that emotional suffering is real and can be just as harmful as a broken bone or other physical injury. When another driver’s careless or reckless behavior causes a collision that leads to your mental anguish, you may have grounds to pursue compensation.
How Do Illinois Courts Handle Emotional Distress Claims?
Illinois allows two main types of emotional distress claims. The first is called negligent infliction of emotional distress. This applies when someone’s careless actions, like running a red light or texting while driving, cause a crash that results in your psychological harm. You do not need to prove the other driver meant to hurt you. You only need to show that their negligence led to your emotional injuries.
The second type is intentional infliction of emotional distress. This applies when someone acts in an extreme or outrageous way that causes severe mental anguish. Road rage incidents that involve threats or intentional harm may fall into this category.
What Evidence Will You Need to Support Your Claim?
Building a strong emotional distress case requires solid proof. You will need to show that you suffered genuine psychological harm and that the crash caused it. Helpful evidence includes:
- Medical Records – Documentation from doctors, therapists, or counselors who have diagnosed and treated your condition can provide professional support for your claim.
- Personal Journals – Daily notes about your symptoms and feelings – as well as how your life has changed – can help show the ongoing effects of your distress.
- Witness Statements – Testimony from family members, friends, or coworkers who have noticed changes in your behavior or mood can strengthen your case.
- Expert Testimony – Mental health professionals can explain your diagnosis and connect it to the traumatic event.
Are There Time Limits for Filing Your Claim?
Illinois has a statute of limitations that sets a deadline for filing lawsuits. For most personal injury cases, including emotional distress claims tied to motor vehicle crashes, you have two years from the date of the incident to file, but shorter deadlines apply in some cases. Missing this deadline typically means forfeiting your right to seek compensation, so acting promptly is crucial.
Why Should You Work with a Lawyer?
Emotional distress claims can be difficult to prove. Insurance carriers often push back hard against these claims because the harm is not as visible as a physical injury. A skilled personal injury lawyer will know how to gather the right evidence, work with medical experts, and build a case that clearly connects your mental anguish to the collision.
An experienced attorney will also handle negotiations with the insurance company and can take your case to court if needed. This allows you to focus on your recovery while a legal professional fights for the compensation you deserve.
Contact Bartholomew, Shevlin & Flack, LLP, Today
If you are struggling with emotional distress after a car crash in Illinois, you do not have to face this challenge alone. The law firm of Bartholomew, Shevlin & Flack, LLP, has over 100 years of combined legal experience and a strong commitment to helping injured individuals in Belleville, Illinois. Contact the office today for a free consultation to learn how they can help you pursue the compensation you need to move forward.