In Missouri, you can sue for emotional distress after a car accident. The law allows compensation for psychological struggles like anxiety, depression, or post-traumatic stress that may follow a serious collision.
These damages are usually part of a personal injury case together with things like medical bills, lost income, lost earning capacity, and property damage. In some limited cases, emotional distress can be the main focus of the claim.
The mental side of an accident is often as hard to deal with as the physical recovery. Many people find that fear, stress, or sleep issues keep affecting their daily routines, relationships, or ability to work.
Working with an experienced St. Louis car accident attorney and knowing what the law provides for this kind of harm and what compensation may be possible can help as you take steps to move forward.
What Counts as Emotional Distress After a Car Accident
Emotional distress is more than feeling upset or nervous for a short time after a wreck. In Missouri, your symptoms must interfere with daily life and be recognized by a medical professional before they qualify for compensation.
Courts in Missouri require the condition to be “medically significant.” That means a doctor, psychiatrist, or licensed therapist must evaluate you and make a formal diagnosis.
Examples of emotional distress after a wreck:
- PTSD: flashbacks, nightmares, being on edge all the time after the crash
- Scared of driving: avoiding the wheel or even riding with others, especially near the accident spot
- Depression: low mood that doesn’t lift, no energy, no interest in things you used to do
- Sleep issues: hard time falling asleep, jolting awake from crash dreams, or sleeping all day just to cope
- Panic attacks: sudden fear out of nowhere, maybe chest tightness, trouble breathing, or feeling dizzy
Stress often shows up in the body too. Headaches, stomach pain, tight muscles — doctors can note that.
What counts is how much it disrupts normal life. Missing work, staying home more, or not being able to handle regular tasks all help show the problem is serious.
Do You Need a Physical Injury or Can You Sue for PTSD Alone
You can bring a claim for emotional distress without having a physical injury, but it’s harder to win. Most cases that succeed involve both physical and emotional harm, since medical evidence of physical injuries makes it easier to show the accident truly caused lasting damage.
Claims based only on emotional distress are allowed in limited situations. Missouri law recognizes two main categories: intentional infliction of emotional distress and negligent infliction of emotional distress.
For intentional infliction, the conduct has to be extreme. Courts often look for reckless or outrageous behavior, like what happens in many drunk driving cases.
Negligent infliction claims are narrow and may apply in these situations:
- Zone of danger: You were directly at risk and feared serious injury or death, even if you weren’t actually struck
- Bystander claims: You saw a close relative badly injured or killed in the accident while you were there
Insurers usually push back harder on these cases than on ones involving physical injuries. They may argue your mental health problems aren’t genuine or don’t rise to the level of legal damages.
Even if you only suffered emotional trauma, that doesn’t automatically mean you’re barred from recovery. Every situation is different, and our skilled legal team at Beck & Beck Missouri Car Accident Lawyers can review your case to see if it meets the legal standard.
What Proof Do You Need to Win Emotional Distress Damages
To win money for emotional distress, you need proof that the condition is real and serious. Just telling an adjuster or a jury that you’re suffering isn’t enough. You’ll need records or other evidence that back up what you say.
The strongest proof usually comes from medical providers. A psychiatrist, psychologist, therapist, or even your family doctor can diagnose you and put it in writing.
Doctors’ records usually carry the most weight.
What your file might show:
- Diagnosis: PTSD, depression, anxiety disorder written in your chart
- Therapy notes: session write-ups, counseling records, or psych evaluations
- Meds: proof you were prescribed antidepressants, sleep pills, or anti-anxiety drugs
- Treatment plan: doctor’s orders for ongoing therapy, group sessions, or other care
Other proof matters too. A simple journal can help—write down symptoms, bad nights of sleep, mood changes, or things you can’t do anymore.
People around you can back this up. Friends, family, coworkers notice changes: maybe you pull away, act differently, or can’t keep focus at work.
Work files tell the story too. Missed days, performance issues, or even switching jobs because of stress all show impact.
And if stress hits your body, get it in writing. Headaches, stomach pain, weight gain or loss—anything a doctor ties to your condition adds more support.
How Much Is Emotional Distress Worth in Missouri
There isn’t a set formula in Missouri for putting a number on emotional distress after a car accident. The amount depends on how serious your condition is, what proof you can show, and how much the stress has changed your life.
Settlements vary a lot. Some cases with short-term issues may only reach a few thousand dollars. Severe conditions that don’t improve can bring in much higher amounts, sometimes well into six figures.
What usually matters most is how long the symptoms last and how hard they hit.
Insurance adjusters use rough ways to guess the value of distress. Sometimes they’ll take your medical bills and multiply them by a number tied to the seriousness of your condition. In other cases, they’ll pick a daily rate and multiply it by the number of days you’ve suffered. These are only guidelines.
What usually makes the biggest difference is how well you can back up what you’ve gone through. Medical notes, therapy records, or even people close to you describing changes they’ve seen can carry weight.
Things that tend to raise the value of an emotional distress claim include:
- How bad the symptoms are:The worse the condition, the more likely you’ll see higher numbers.
- How long the treatment lasts: Ongoing therapy or prescriptions usually raise the claim.
- How much it disrupts daily life: Trouble working, keeping up with family, or handling normal routines adds value.
- Quality of the evidence: Strong records or clear testimony make a case easier to prove.
- If it’s permanent: Problems that never fully go away often lead to bigger awards.
Another thing to keep in mind is insurance limits. Even if your case could be valued at $100,000, you can’t collect more than what the other driver’s policy will actually cover.
What Limits or Defenses Could Affect Your Claim
Not every emotional distress claim goes smoothly. Certain issues can cut down what you recover or even block the claim altogether. Knowing what you might face early on makes it easier to avoid mistakes.
Missouri follows a comparative fault system. That means if you share part of the blame for the accident, the amount you can collect goes down.
There’s also a strict filing deadline. In Missouri, you normally get five years from the date of the accident to bring a personal injury case. Miss that, and you lose the chance to pursue money for good.
Insurance companies also have their own ways of pushing back:
- Pre-existing conditions: They’ll say your anxiety or depression started before the accident.
- Delays in treatment: If you wait too long to see a doctor or therapist, they’ll argue the problem isn’t serious.
- Social media: Pictures of you looking fine online can be twisted to say you aren’t struggling.
- Lack of proof: They often claim emotional injuries can’t be measured the way physical ones can.
Be careful with what you share online after the crash. Even small things, like a smiling photo or a casual outing, can be used to downplay your case.
Having mental health struggles before the accident doesn’t stop you from filing, but it makes things harder. You’ll need to show that the crash made those issues noticeably worse.
What Steps Should You Take Now
What you do after an accident matters for both your health and your case. The first few weeks are especially important since they set the foundation for any claim involving emotional distress.
See a Doctor or Therapist
Get medical attention quickly if you notice stress, anxiety, sleep issues, or other mental health concerns. Don’t wait to see if they go away on their own. Early care helps you heal and also provides a record that supports your claim.
If you’re unsure where to start, your family doctor is a good first step. They can review your symptoms and send you to a specialist if needed. Be open about everything you’re experiencing, even if it feels small or personal.
Document Symptoms and Avoid Social Media
Write down how you feel each day, including sleep problems, mood changes, and ways your injuries limit normal activities. Be specific about triggers or things you can’t do anymore because of the accident.
Limit what you post online, or make your accounts private. Insurers often check social media for anything they can use to question your claim. Even ordinary photos or comments can be misread and turned against you.
Keep copies of all bills and receipts for counseling, prescriptions, or other care tied to your mental health. These records show the actual cost of your treatment and strengthen your case.
Call Beck & Beck Missouri Car Accident Lawyers for a Free Consultation
Filing an emotional distress claim while dealing with the stress itself can be too much to handle alone. You don’t have to. Our firm can walk you through what needs to be done.
At Beck & Beck Missouri Car Accident Lawyers, we handle car accident cases across the state. We’ve seen how insurance companies treat these claims, and we know the ways they try to avoid paying. Our role is to push back and make sure your claim is taken seriously.
We bring in doctors and therapists who can review your condition and give the reports needed to back it up. We also know how to collect treatment records, add up the costs, and deal with adjusters who downplay mental health injuries.
You can call us any time to talk about your case. The consultation is free, and it gives you a chance to hear your options and learn how we may be able to help you recover compensation for your emotional suffering.
FAQ
Does Missouri Place Caps on Emotional Distress Damages in Car Accident Cases
No. Missouri law does not cap what you can recover for emotional distress in car accident cases. Damage limits apply in medical malpractice claims, but not in most personal injury cases. If you’re dealing with a car accident claim, there’s no set maximum for non-economic damages like anxiety, depression, or trauma.
Can Family Members Sue for Emotional Distress After Witnessing a Car Accident
Sometimes. Close family members may bring what’s called a bystander emotional distress claim if they were at the scene and saw a relative badly injured or killed. These cases are complex, and many families pursue them together with wrongful death claims. A wrongful death lawyer in St. Louis can explain how both claims may connect.
Will My Therapy and Medication Costs Be Included in My Settlement
Yes. Mental health treatment linked to the accident can be part of your recovery. This usually covers counseling, psychiatric evaluations, prescription drugs, and therapies designed for trauma, such as EMDR. The costs must be reasonable and tied to your injury.
How Long Do Emotional Distress Claims Usually Take to Resolve in Missouri
These claims often take longer than typical injury cases. The reason is that it takes time to fully understand how the trauma affects you and to collect the right records. Settling too soon can leave out long-term effects. Waiting allows your lawyer to show the complete picture of your condition.
Will I Have to Discuss Private Mental Health Details in Court
Most likely. When you bring a claim, your mental health ends up in the case. That can mean handing over records or speaking about your treatment. Your lawyer can ask the judge to restrict what’s shown, but some information will have to be shared.
