By the Law Firm of Brandt & Sherman

Can You Sue for Emotional Distress After a Car Accident in Louisiana?

A car accident can leave more than just physical wounds—it can change the way you think, feel, and function long after the crash. Anxiety, depression, or fear of driving again are all common reactions that can affect your ability to return to normal life.

At Brandt & Sherman Injury Lawyers, we know that emotional injuries are just as real as physical ones. If you’ve been suffering mentally or emotionally after a car accident, you may have the right to seek compensation for emotional distress under Louisiana law.

Understanding Emotional Distress Claims in Louisiana

In Louisiana, “emotional distress” (sometimes called mental anguish) refers to the psychological harm caused by an accident or injury. This can include:

• Anxiety, panic attacks, or phobias related to driving
• Depression or loss of enjoyment of life
• Nightmares or flashbacks
• Mood changes, withdrawal, or post-traumatic stress

Louisiana law recognizes that victims of car accidents, drunk driving accidents, or other traumatic events can recover damages for emotional suffering—even if their physical injuries are relatively minor.

However, emotional distress claims can be more difficult to prove than physical injuries. They require strong evidence that your suffering is real, ongoing, and tied directly to the accident.

How to Prove Emotional Distress After a Car Accident

To file a successful emotional distress claim in Louisiana, you must demonstrate three main elements:

1. Direct Involvement – You were personally involved in the accident or directly affected by it, such as witnessing the injury or death of a loved one.
2. Severity of Distress – Your emotional suffering is significant and ongoing—not just brief fear or frustration.
3. Connection to the Accident – There must be clear evidence that your distress stems from the crash.

Examples of strong supporting evidence include:

• Testimony from therapists or mental health professionals
• Records of medication, counseling, or psychiatric treatment
• Documentation showing lifestyle changes or loss of daily function

Examples of Emotional Distress Cases

Emotional distress can result from a range of accidents—not just car crashes. People often suffer psychological trauma after:

• Serious slip and fall accidents
• Severe neck and back injuries or brain and spinal cord injuries
• Catastrophic drunk driving accidents that cause lasting trauma
• The loss of a family member in a wrongful death case

No matter the cause, emotional distress is real—and compensable when it results from someone else’s negligence.

Compensation for Emotional Distress

Damages for emotional distress are meant to help victims recover the financial and emotional losses tied to their trauma. Compensation may include:

• Therapy, counseling, and medication costs
• Lost wages from missed work due to mental health struggles
• Pain and suffering damages
• Loss of enjoyment of life or emotional stability

In cases where emotional distress accompanies a serious injury, your attorney may pursue both physical and emotional damage claims together. This often happens in complex car accident cases involving brain and spinal cord injuries or severe physical trauma.

Challenges in Proving Emotional Distress

Insurance companies often downplay or dismiss emotional distress claims, arguing that mental anguish is “subjective.” That’s why medical and psychological documentation is so important.

A skilled attorney can help you gather the necessary records and expert testimony to validate your claim and show the long-term impact of your suffering. They’ll also make sure insurers don’t undervalue the emotional side of your recovery.

Louisiana Laws and Time Limits

Under Louisiana law, you generally have one year from the date of the accident to file a personal injury or emotional distress claim. This is known as the prescriptive period. Missing this deadline can prevent you from recovering compensation.

If your emotional distress stems from the loss of a loved one, your family may also have grounds for a wrongful death lawsuit.

The Role of an Experienced Attorney

At Brandt & Sherman, we’ve helped clients across Louisiana recover compensation for both visible injuries and invisible scars. Our attorneys understand the medical, legal, and emotional complexities of these cases.

We work closely with mental health professionals to document your suffering and pursue every available form of compensation. Whether your trauma stems from a collision, a drunk driving accident, or another act of negligence, we’ll stand by your side through every step of the process.

Learn more about how we handle emotional distress claims in Louisiana.

Frequently Asked Questions

Can I sue for emotional distress even if I wasn’t physically injured?
Yes. Louisiana law allows victims to recover for emotional harm even without major physical injuries—though you must prove the distress is significant and directly linked to the event.

How much compensation can I get for emotional distress?
It depends on your specific situation, the extent of your trauma, and how it has affected your daily life. Severe cases involving PTSD or ongoing therapy typically result in higher settlements.

Does emotional distress count as pain and suffering?
Yes. Emotional distress is often part of a broader “pain and suffering” claim, which includes both physical and psychological harm caused by the accident.

Contact Our Louisiana Emotional Distress Lawyers

If you’ve suffered emotionally after a car accident or any traumatic event in Louisiana, you deserve to be heard—and compensated. The attorneys at Brandt & Sherman Injury Lawyers can help you prove your claim, handle insurance negotiations, and fight for the justice you deserve.

Call (337) 800-4000 or contact us online today for a free consultation. We’re here to help you recover from both the physical and emotional impact of your accident.