Most car accident claims in St. Charles involve bodily harm. However, there are situations where accident victims may still have legal claims even if they were not physically injured.
Whether a lawsuit is available depends largely on the type of damages involved and the specific facts surrounding the accident. Importantly, you cannot generally sue for emotional injuries if you did not experience physical injuries in a crash. However, you can sue for property damage and may have a claim for negligent infliction of emotional distress (NIED) even if you were unharmed.
You Cannot Generally Sue for Pain and Suffering Without a Physical Injury
In most Illinois car accident cases, a person generally cannot recover damages for pain and suffering without proving some form of actual physical injury.
St. Charles personal injury claims are typically based on negligence. To succeed in a negligence case, an injured party usually must show:
- The other driver owed a duty of care
- The driver breached that duty
- The breach caused damages
- Actual injuries or harm resulted
Without a physical injury, it is often difficult to establish the damages required for traditional pain and suffering claims.
For example, a person who experiences fear or temporary anxiety after a near-miss accident but suffers no physical harm may have difficulty proving they suffered actual losses from the incident.
You Can Sue for Property Damage
Even if you were not physically injured, you may still pursue compensation for property damage caused by the accident. Illinois law generally allows accident victims to pursue compensation for property damage regardless of whether physical injuries occurred.
Property damage claims commonly involve:
- Vehicle repair costs
- Total loss value of a vehicle
- Rental car expenses
- Damage to personal property inside the vehicle
In many cases, insurance companies handle property damage claims without formal lawsuits. However, litigation may become necessary in cases where the insurer refuses to pay fair value, or if it refuses to pay for other property damage.
You May Be Able to Sue for Negligent Infliction of Emotional Distress
Illinois law may allow claims for negligent infliction of emotional distress in limited situations. These claims are more complicated than standard injury lawsuits and typically require substantial evidence.
For example, emotional distress claims may potentially arise when:
- A person witnessed a traumatic injury to a close family member
- Severe emotional trauma resulted from the accident
- The victim was within the “zone of danger”
Courts generally require more than ordinary stress or frustration following a crash. Claims for severe mental anguish like panic attacks or depression are more likely to be successful (when backed by professional testimony).
These claims are highly fact-specific and generally require the assistance of an experienced attorney.
Contact an Experienced Illinois Car Accident Lawyer for Help Determining Your Rights
If you were in a car accident and wonder whether you have a right to take legal action without a physical injury, contact our experienced Geneva car accident lawyer for help understanding your legal rights.