Car accidents leave more than smashed fenders and hospital bills—they often leave invisible scars too.
Many victims walk away without broken bones but find themselves struggling with anxiety, nightmares, or fear of driving again.
Unfortunately, many people don’t realize that emotional trauma is a real, legally recognized damage under Tennessee personal injury law.
While insurance companies may focus on the cost of your medical bills or lost wages, your emotional suffering matters, too.
So, can you sue for emotional distress after a car accident in Tennessee? The answer is yes. Tennessee law allows victims to pursue compensation for non-economic damages, including emotional distress, alongside other losses.
Understanding how these claims work could mean the difference between being dismissed by an insurance adjuster and receiving the fair compensation you truly deserve.
What Counts as Emotional Distress?
Emotional distress is more than just temporary stress. In legal terms, it refers to mental suffering caused by someone else’s negligence.
After a car accident, that could mean:
- Anxiety or panic attacks
- Depression or withdrawal
- PTSD (post-traumatic stress disorder)
- Sleep issues or recurring nightmares
- Fear of driving or traveling in a car
- Loss of enjoyment of daily life
Symptoms can last for weeks, months, or even years after a collision, and just like a broken arm, these symptoms can interfere with your ability to work, socialize, and live your life normally.
Can You Sue for Emotional Distress in Tennessee?
The short answer: yes.
Tennessee law allows accident victims to pursue compensation for both economic damages (such as medical bills, lost income, and property damage) and non-economic damages (like pain, suffering, and emotional distress).
In most cases, emotional distress is part of a larger personal injury claim where the victim also has physical injuries. That’s because physical harm makes it easier to show that the emotional trauma is real and directly connected to the accident.
However, Tennessee also recognizes claims for negligent or intentional infliction of emotional distress in certain situations. While it’s more difficult to win an emotional distress case without physical injuries, it’s not impossible.
Success usually requires strong proof—such as medical records from a psychologist, psychiatrist, or therapist, along with testimony about how the distress has affected daily life.
How Do You Prove Emotional Distress?
One of the hardest parts of these cases is that emotional suffering is invisible. You can’t show the jury an X-ray of anxiety. That’s why documentation is critical.
Ways to prove emotional distress include:
- Medical records—A diagnosis from a doctor, therapist, or psychiatrist.
- Expert testimony—Mental health professionals can testify about your condition.
- Personal journals—Keeping a record of your symptoms, triggers, and struggles.
- Witness statements—Family, friends, or coworkers describing changes they’ve noticed.
- Consistency – Demonstrating that your emotional symptoms began after the accident.
The stronger your evidence, the harder it becomes for insurance companies to dismiss your suffering as “exaggeration.”
Factors That Strengthen an Emotional Distress Claim
Not every car accident leads to a strong emotional distress case.
Courts and insurance adjusters look for specific indicators, such as:
- Severity of the accident—Accidents involving fatalities, rollovers, or severe injuries are more likely to result in lasting trauma.
- Long-term effects—A diagnosis of PTSD or documented therapy sessions strengthens your claim.
- Disruption of daily life—If your anxiety prevents you from driving, working, or engaging in normal activities, that impact can’t be ignored.
- Combination of injuries—Emotional distress claims are stronger when paired with physical injuries, since juries understand the mind and body heal together.
Common Challenges Victims Face
Even though Tennessee law recognizes emotional distress, victims often run into roadblocks, especially from insurance adjusters.
Some common challenges include:
- Minimization: Adjusters may argue that everyone feels “a little shaken up” after a crash, dismissing your symptoms as normal stress.
- Lack of dollar value: Emotional damages are harder to quantify, making them easier for insurers to lowball.
- Skepticism: Without medical documentation, insurers may claim your emotional distress isn’t real or isn’t related to the accident.
This is why victims who pursue claims alone often end up with settlements that barely cover their medical bills, let alone their emotional suffering.
Why You Need a Lawyer for Emotional Distress Claims
Emotional distress claims are difficult to prove—but with the right attorney, they are winnable.
Here’s why working with a lawyer makes a difference:
- Gathering Evidence: Lawyers know which medical records, expert opinions, and testimony will make your case stronger.
- Calculating Value: Attorneys can determine a fair dollar amount for your pain and suffering, based on past jury verdicts and settlements in Tennessee.
- Protecting You from Insurance Companies: Insurers may try to record your statements, twist your words, or pressure you into a quick settlement. Your lawyer shields you from these tactics.
- Maximizing Compensation: Victims represented by attorneys typically recover significantly more in damages than those who go it alone.
At Davis Legal, we’ve seen firsthand how emotional scars can be just as damaging as physical ones. And we fight to make sure both are fully recognized in your claim.
Speak to a Car Accident Lawyer
A car accident isn’t just a financial burden—it can shake your sense of safety, confidence, and peace of mind. Tennessee law gives victims the right to recover damages for both physical injuries and emotional suffering.
If you’ve been struggling with anxiety, depression, or other emotional fallout after a car accident, don’t let an insurance adjuster tells you it doesn’t matter. It does, and you deserve compensation.
At Davis Legal, we understand that healing after a car accident is about more than medical bills. It’s about restoring your life, your confidence, and your peace of mind.
Our skilled Tennessee attorneys for car accidents fight for full compensation—including emotional distress—so you can focus on moving forward.
Contact Davis Legal today to request a consultation. Let us protect your rights and make sure every part of your suffering—physical and emotional—is taken seriously.
