Can I Sue for Emotional Distress After a DUI-Related Accident?

Can I Sue for Emotional Distress After a DUI-Related Accident?

When someone chooses to drive under the influence of drugs or alcohol, they’re making a reckless decision that puts everyone around them in danger. The consequences can be devastating, and not just physically. If you've been hurt in an accident caused by a drunk driver, chances are your pain didn’t stop at bruises or broken bones. For many victims, the psychological scars last much longer.

Maybe you’re struggling with panic attacks every time you get behind the wheel. Perhaps you avoid driving altogether. Nightmares, anxiety, depression, and even PTSD are all common responses to a traumatic event, especially when it was caused by someone else’s gross negligence. So, what happens then? Can you sue for emotional distress after a DUI-related accident?

The short answer is yes, but let’s take a closer look at how it works.

Understanding Emotional Distress: More Than Just “Feeling Upset”

First, it’s important to understand what the law means by emotional distress. We’re not just talking about a few sleepless nights or a week of worry. In legal terms, emotional distress refers to significant psychological suffering that interferes with your day-to-day life. This can include:

• Anxiety or panic attacks
• Depression
• Fear of driving or being in a car
• Flashbacks or nightmares
• Irritability or emotional numbness
• Loss of enjoyment in life
• Post-Traumatic Stress Disorder (PTSD)

For many people, emotional distress is invisible, but it’s no less real than a broken bone. And just like any other injury, if it’s caused by someone else’s negligence or misconduct, the law gives you the right to seek compensation.

Why DUI Accidents Are Different

Driving under the influence isn’t just a mistake; it’s a crime. That matters when it comes to your legal options.

When a driver causes a crash because they were drunk or high, their actions are considered grossly negligent or even reckless. This opens the door for broader damages in a civil case, not just compensation for medical bills and car repairs, but also pain and suffering, emotional distress, and even punitive damages in some cases.

In other words, the law knows DUI crashes can wreak havoc on victims’ lives, physically, emotionally, and financially. And it gives you tools to fight back.

Can I Really Sue for Emotional Distress?

Yes, you can. But like any legal claim, you need to be able to prove it.

In California, emotional distress can be part of a personal injury lawsuit, either as part of a broader claim or as a standalone cause of action. It typically falls under two categories:

1. Negligent Infliction of Emotional Distress (NIED)

This applies when someone causes emotional harm through careless or reckless behavior — like driving drunk and causing a crash. You’ll usually need to show:

• The driver had a duty to act reasonably (not to drive under the influence)
• They breached that duty
• Their actions caused you emotional harm
• The harm is serious and verifiable

2. Intentional Infliction of Emotional Distress (IIED)

This is less common, but applies when the driver’s actions were so outrageous and intentional that they caused you extreme emotional trauma. In DUI cases, this might apply if the driver taunted you, fled the scene, or showed a complete disregard for your safety.

What Evidence Helps Prove Emotional Distress?

Emotional distress claims can be a little trickier to prove than physical injuries, but that doesn’t mean they’re any less valid. The key is evidence. Courts and insurance companies are more likely to take your emotional distress seriously when backed up by solid documentation. Some helpful evidence includes:

• Medical or psychological records: Have you seen a therapist or counselor since the crash? Have you been diagnosed with PTSD, anxiety, or depression?
• Prescription history: Have you been prescribed medication for sleep, anxiety, or depression since the accident?
• Personal journals: Writing down your feelings and experiences after the accident can show the emotional toll it’s taken on your life.
• Witness statements: Family members, friends, or co-workers who’ve noticed a change in your behavior or emotional health can provide powerful testimony.
• Employment records: If emotional distress has impacted your ability to work, that can help support your claim.
• Expert testimony: A licensed psychologist or psychiatrist can explain your condition and connect it directly to the trauma of the accident.

Remember: Emotional distress is deeply personal. Just because you don’t have a physical scar doesn’t mean you’re not carrying the weight of what happened to you. The law allows you to tell that story and demand accountability for the harm you’ve endured.

What Damages Can I Recover?

If you’ve suffered emotional distress from a DUI-related accident, you may be entitled to a variety of damages, including:

• Medical expenses: This includes therapy, psychiatric treatment, and medication.
• Lost income: If emotional trauma has made it hard to work, you may be compensated for missed income.
• Pain and suffering: This is the broader category that includes both physical and emotional suffering.
• Loss of enjoyment of life: If the accident has made it harder for you to enjoy the things you used to love, whether that’s hobbies, socializing, or just driving your kids to school, that has value, too.
• Punitive damages: In some DUI cases, the court may award punitive damages to punish the driver for their reckless conduct.

Every case is different, but the goal is always the same: to help you heal and move forward with the support and resources you need.

What If I Wasn’t Physically Injured?

Believe it or not, you can still pursue emotional distress damages even if you weren’t seriously injured in the crash. For example, if you were a passenger or even a bystander and witnessed a horrifying DUI crash, California law allows for recovery in certain situations — especially if:

• You were in the “zone of danger” (at risk of being physically harmed)
• You had a close relationship with someone injured or killed in the crash
• You experienced serious emotional trauma as a result

That said, it’s generally easier to prove emotional distress if there’s a physical injury involved. But it’s not a requirement, and the impact of trauma should never be dismissed just because your injuries aren’t visible.

What If the Driver Wasn’t Convicted?

Here’s something many people don’t realize: You don’t need a criminal conviction to file a civil lawsuit.

Criminal cases and civil cases are totally separate. A driver might face DUI charges in criminal court, but even if they’re not convicted, you can still sue them in civil court for the harm they caused. The burden of proof is lower in civil court, meaning you just need to show that it’s more likely than not that their actions caused your emotional distress.

This is an important point, especially if you’re feeling frustrated or let down by the criminal justice process. Civil court gives you a chance to take back some control and demand the justice you deserve.

How Long Do I Have to File a Claim for Emotional Distress?

After a DUI-related accident in California, you don’t have unlimited time to pursue compensation. Like all personal injury cases, emotional distress claims are subject to the statute of limitations.

In California, the standard time limit for filing a personal injury lawsuit, including those involving emotional distress, is two years from the date of the accident.

That might sound like plenty of time, but emotional trauma can take a while to manifest. Some people don’t even realize how deeply they’ve been affected until months down the road. By then, memories fade, evidence disappears, and it becomes harder to build a strong case.

The sooner you act, the better. Reaching out to a personal injury attorney early can help ensure your case is documented correctly and your rights are protected from the start.

How Do I Get Started?

If you’re considering an emotional distress claim after a DUI accident, here are the steps to take:

1. Get Medical Attention

Even if your injuries are primarily emotional, it’s critical to document them. That means seeing a doctor, therapist, or psychologist. Their evaluation will be a cornerstone of your case.

2. Keep a Journal

Start recording your emotional and psychological symptoms as they happen. Note how they interfere with your daily life, whether struggling to sleep, missing work, or avoiding certain places. These real-time reflections are powerful evidence.

3. Preserve Evidence

Gather anything that supports your emotional distress claim: police reports, photos from the scene, communications with the drunk driver’s insurance company, medical records, therapy notes, and anything else that helps paint the full picture.

4. Avoid Speaking with Insurance Adjusters Alone

Insurance companies are not your friend. They may act concerned, but their goal is to settle your claim as cheaply as possible. One wrong word can be twisted and used to deny or undervalue your suffering.

5. Talk to a Personal Injury Lawyer

This isn’t a fight you should face alone. Emotional distress is real, and you deserve someone who knows how to navigate the system, push back against insurance tactics, and fight for what you’re truly owed.

What If I Already Accepted a Settlement?

If you’ve already accepted a settlement from the at-fault driver’s insurance company, it’s likely too late to go back and claim additional damages, including for emotional distress. That’s why it’s so important not to accept any offer until you’ve spoken to a qualified personal injury attorney.

Insurance companies often push quick settlements to close the case before the full extent of your injuries, especially emotional ones, becomes clear. Once you sign a release, you typically give up the right to pursue more money, even if your suffering gets worse over time.

Don’t let them shortchange you. If you’re still in the negotiation stage or haven’t filed your claim yet, now is the time to protect your interests.

What Makes Emotional Distress Claims So Challenging?

Unlike physical injuries that show up in X-rays or blood tests, emotional injuries are invisible. That makes them harder to prove and easier for insurance companies to downplay.

You might hear things like:

• “You’re probably just stressed.”
• “You didn’t lose a limb or break a bone — how bad could it be?”
• “We’ll cover your medical bills, but we can’t offer much for emotional damages.”

These dismissive tactics are meant to minimize your suffering and make you question whether your feelings are valid.

Here’s the truth: They are valid.

If a drunk driver’s actions turned your world upside down, made you fearful, anxious, withdrawn, or chronically depressed, that’s not something you should have to bear alone. And it’s not something you should have to pay for out of pocket. Emotional trauma is part of your injury. It deserves recognition. It deserves compensation.

Why Legal Representation Matters

Handling an emotional distress claim on your own, especially one involving a DUI, is like trying to rebuild a house after a fire without professional help. You might be able to do parts of it, but you’re going to face setbacks, pressure, and a system that’s not designed to favor victims.

Here’s what a strong legal team can do:

• Gather and present compelling evidence of your trauma
• Bring in expert witnesses to explain how the accident affected you psychologically
• Negotiate with the insurance company for a fair settlement
• File a lawsuit and take the case to court if necessary
• Handle the legal stress so you can focus on healing

And when the at-fault driver was under the influence, your legal team can also push for punitive damages, extra compensation designed to punish reckless behavior and prevent it from happening again.

Speak with a Lawyer Who Will Fight for You

If you’ve been hurt in a DUI-related accident, it’s not just your body that may need time and care to heal; it’s your mind, your confidence, your entire sense of safety in the world. That kind of trauma doesn’t disappear just because the bruises fade.

And here’s the thing: You don’t need to go through it without a skilled lawyer.

Emotional distress is real. It’s valid. And the law in California gives you the right to demand justice, not just for your physical injuries, but for the invisible ones, too. Whether your trauma shows up in the form of nightmares, anxiety, or a loss of joy in your daily life, you deserve to be heard. You deserve to be supported. And you deserve to be compensated.

Experience the Ashley Advantage

At Rawlins Law Accident & Injury Attorneys, we know how frightening a DUI crash can be, especially when your suffering goes far beyond physical pain.

We’ve helped countless victims in San Diego and across California get compensation for both physical injuries and emotional trauma. Whether you’re dealing with flashbacks, panic attacks, or the silent weight of anxiety, you don’t have to keep it bottled up, and you certainly don’t have to fight for justice alone.

We believe in compassionate, ethical, and aggressive representation. We’ll listen to your story, build a strong case, and demand every dollar you’re owed. That’s the Ashley Advantage, and we don’t settle for less.

If you’ve been in a crash caused by a drunk driver and you’re struggling emotionally, it’s time to take action. Call Car Crash Ash today at (858) 529-5872 or through our online form for a free, confidential consultation. We’ll come to you, walk you through your rights, and fight to make sure your voice is heard.

Because emotional pain deserves justice, too.

Schedule A Free Consultation