More Than Whiplash: Can You Sue For Emotional Distress After A Car Accident In South Carolina
A car accident does not always leave a mark you can point to. Sometimes the damage shows up weeks later, in the form of racing thoughts every time you approach an intersection, or a flinch you cannot quite explain when brake lights flash ahead of you. Can South Carolina law actually put a dollar figure on that kind of harm, even without a broken bone to show for it?
South Carolina Recognizes Two Distinct Paths
South Carolina law allows emotional distress claims to proceed under two separate legal theories, and understanding which one applies to your situation matters quite a bit. The first, negligent infliction of emotional distress, applies when someone’s carelessness, rather than any intent to harm you, causes serious psychological injury. The second, intentional infliction of emotional distress, sometimes called the tort of outrage, applies when someone’s conduct was so extreme and reckless that it goes well beyond ordinary carelessness. Most car accident cases fall under the negligent category, since the at fault driver rarely intended to cause anyone harm.
The Case That Changed Everything for South Carolina Claimants
For years, South Carolina followed a strict impact rule, requiring some form of physical contact before a person could recover for emotional distress at all. That changed in 1985, when the South Carolina Supreme Court decided Kinard v. Augusta Sash & Door Co., a case involving a mother and daughter injured when a truckload of materials fell from another vehicle and struck their car. The daughter suffered serious physical injuries and a permanent disability. The mother, who was also physically injured, sought damages not only for her own injuries but also for the emotional trauma of witnessing her daughter’s suffering. The court allowed her claim to proceed, establishing that a plaintiff need not have suffered physical injury themselves in every circumstance to recover for genuine emotional harm.
What You Actually Have to Prove
Bringing a successful negligent infliction of emotional distress claim in South Carolina generally requires showing a few specific things:
- The at fault party owed you a legal duty to act with reasonable care
- That duty was breached through careless or reckless conduct
- The breach caused you genuine emotional distress
- The distress was severe and foreseeable under the circumstances, not merely fleeting discomfort
Courts want more than a claim that you felt shaken up. Documented symptoms such as ongoing anxiety, sleep disturbances, or diagnosed post-traumatic stress carry far more weight than a vague description of feeling upset.
Why This Kind of Claim Requires Real Evidence
Because emotional distress is inherently harder to see than a fractured wrist, these claims tend to succeed or fail based on the quality of supporting evidence. Medical records, mental health treatment documentation, and a clear timeline connecting your symptoms to the accident all strengthen a claim considerably. Insurance companies are often quick to dismiss psychological injuries as exaggerated, which makes thorough documentation from the outset especially important.
Contact Us About Your Claim
If a South Carolina car accident left you dealing with more than physical injuries, whether that means anxiety, flashbacks, or a diagnosed condition that developed after the crash, you may have grounds for a claim beyond your medical bills. Our Columbia car accident attorneys at The We can help you document and pursue emotional distress claims throughout South Carolina. Contact The Stanley Law Group today for a consultation.
Source:
law.justia.com/cases/south-carolina/supreme-court/1985/22390-1.html