What Is Emotional Distress in a Car Accident In Oklahoma, And Can I Sue For It?

When you’re in a car accident in Oklahoma, the harm isn’t always just physical. Emotional distress in a car accident refers to the psychological impact rather than the physical impact. This kind of damage claim is nuanced and requires your personal injury attorney to advance specific facts and evidence for the claim to be successful. In negligence cases, insurance companies fight aggressively to limit their liability relying on the fact that there wasn’t an impact. Emotional distress may include the following

• Anxiety or panic attacks
• Depression
• Fear of driving or riding in cars
• Nightmares or insomnia
• Post-traumatic stress disorder (PTSD)

Courts in Oklahoma recognize that serious accidents can leave lasting mental and emotional scars, even when physical injuries heal.

Can You Sue for Emotional Distress in Oklahoma?

Yes, but Oklahoma law has specific rules about when you can recover damages for emotional distress:

1. If You Have a Physical Injury
   • If you suffered a bodily injury in the accident, you can usually recover damages for emotional distress as part of your personal injury claim.
   • Emotional harm is considered part of your “pain and suffering.”
2. If You Don’t Have a Physical Injury
   • Oklahoma does not generally allow a standalone lawsuit for negligent infliction of emotional distress.
   • However, you may still recover if you were:
     • In the “zone of danger” (meaning the accident directly threatened your safety, even if you weren’t physically hurt), or
     • A close family member who directly witnessed a loved one being seriously injured or killed in the accident.
3. Intentional or Extreme Conduct
   • If the other driver acted in a way that was extreme, outrageous, or intentional (such as a road rage incident meant to scare you), you might bring a claim for Intentional Infliction of Emotional Distress (IIED).

What Evidence Helps Prove Emotional Distress?

To strengthen your claim, you should gather:

• Medical records from therapists, psychiatrists, or counselors
• Diagnosis of PTSD, anxiety, or depression
• Witness testimony from family or friends who observed your emotional changes
• Your own journal or notes documenting symptoms like panic attacks or fear of driving

Damages You May Recover

If your claim is successful, you can pursue damages for:

• Emotional pain and suffering
• Mental anguish and loss of enjoyment of life
• Therapy, counseling, or medication costs
• Future mental health treatment

Injury Attorneys Near You

In Oklahoma, you can sue for emotional distress in a car accident, but it usually must be tied to a physical injury or a situation where you were directly threatened or witnessed a close family member being harmed. Its an objective standard that focuses on how another person in the same situation might react. Emotional distress is typically part of your overall negligence/personal injury claim, not a separate lawsuit. If you would like a free consultation with a personal injury attorney at Kania Law Office, call 918-743-2233. You can also follow this link to ask an online legal question.