Physical injuries after an accident are obvious — broken bones, bruises, surgeries. But what about the invisible wounds? The anxiety, the panic attacks, the sleepless nights?
In South Carolina, you can sue for emotional distress as part of a personal injury claim — but it’s not as simple as just saying “I’m stressed” 😟.
At Burts Law, PLLC, we help clients fight for all the damages they’ve suffered — physical and emotional. Let’s break down your rights and what it takes to prove a claim for emotional distress 👇
🧠 What Is Emotional Distress?
Emotional distress refers to the psychological suffering you experience after an accident or traumatic event. This can include:
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😫 Anxiety or depression
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🌙 Trouble sleeping or nightmares
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💔 PTSD (post-traumatic stress disorder)
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💢 Mood swings or emotional outbursts
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🧘♂️ Loss of enjoyment in life or relationships
While emotional distress can’t be seen on an X-ray, it can be just as life-altering as a physical injury.
⚖️ Can You Sue for Emotional Distress in South Carolina?
Yes — but it typically must be part of a larger personal injury claim. South Carolina courts allow compensation for “pain and suffering,” which includes both physical pain and mental anguish.
There are two main ways to pursue emotional distress damages:
1️⃣ As Part of a Physical Injury Claim
If you were physically injured in a car crash, slip and fall, or other accident, you can also claim emotional damages like:
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😣 Panic attacks while driving
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🧠 Emotional trauma from disfigurement
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💼 Mental stress from being unable to work
💡 These damages are often included in your non-economic damages.
2️⃣ As a Standalone Claim (Rare)
In limited cases, South Carolina allows lawsuits for Intentional Infliction of Emotional Distress (IIED) — also known as “outrage.”
To win, you must prove:
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The defendant’s conduct was outrageous or extreme
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They intended to cause you severe emotional harm
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You actually suffered emotional trauma — often with medical documentation
💥 Example: A business intentionally releasing humiliating personal info to hurt someone publicly.
🛑 These cases are hard to win without strong evidence and legal support.
🩺 How Do You Prove Emotional Distress?
It’s not enough to just feel bad — you need documentation. This can include:
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📝 Medical or therapy records
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💊 Proof of medications (antidepressants, sleep aids)
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🧑⚕️ Testimony from mental health professionals
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📖 Journals or notes tracking your emotional state
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👨👩👧 Statements from family or friends about changes in your behavior
At Burts Law, PLLC, we work closely with medical professionals to support your emotional distress claims.
🧭 What to Do If You’re Suffering Mentally After an Accident
✅ 1. Talk to Your Doctor or Therapist
Don’t suffer in silence. Getting help is critical for your health — and your case 🧠🩺
🧾 2. Keep a Journal
Write down how you’re feeling each day. Track sleep, anxiety, fear, flashbacks, or isolation.
📞 3. Contact Burts Law, PLLC
We’ll make sure your emotional distress isn’t ignored. Insurance companies love to undervalue non-physical injuries — but we don’t let them.
📞 (866) BURTS-LAW
🌐 www.burtslaw-sc.com
👨⚖️ Why Choose Burts Law, PLLC?
We understand that trauma goes beyond cuts and casts. We fight for the full picture of what you’ve suffered — and make sure your emotional pain is taken seriously.
When you work with us, you’ll get compassion, strategy, and real results 💼💥
📞 (866) BURTS-LAW
🌐 www.burtslaw-sc.com
💔 Invisible injuries still deserve justice.
