Can You Sue for Stress After a Car Accident in New Orleans? Here’s How

If you were recently involved in a car accident in New Orleans and are still feeling shaken, anxious, or emotionally drained, you might be wondering—can you sue for stress after a car accident in New Orleans? The short answer is: yes, in certain cases, you can.

Under Louisiana law, emotional distress claims are recognized as a valid part of personal injury cases. These claims aim to seek compensation for the mental and emotional trauma that often follows a traumatic event, like a serious wreck. While most people think of personal injury claims as dealing only with broken bones or physical injuries, emotional harm—like anxiety, depression, or post-accident mental anguish—can also qualify for compensation.

But here’s the catch: emotional injuries are invisible. That means you’ll need strong evidence to prove emotional distress in court. This often includes medical records, therapy notes, and documented symptoms like mood swings, reduced productivity, sleep disturbances, or a withdrawal from social activities.

If someone else’s negligence caused the accident, you shouldn’t have to shoulder the emotional toll on your own. A free consultation with a New Orleans personal injury lawyer can help determine whether your claim meets the legal threshold and how to approach the legal process from there.

Understanding the Concept of Emotional Distress

So, what exactly counts as emotional distress? In the context of personal injury cases, it refers to the mental suffering and psychological trauma a person experiences following a traumatic event—like a crash caused by someone else's actions or negligence.

After a car accident, emotional injuries can surface in many forms: panic attacks, mood swings, inability to concentrate, or even job loss due to reduced performance. For some, the symptoms are temporary. For others, they can linger for months or years, affecting their mental state, family life, education, and ability to work. These aren't minor inconveniences—they’re signs of real emotional suffering that deserve to be acknowledged by the legal system.

In Louisiana, emotional distress cases are not treated as an afterthought. The courts understand that mental trauma can be just as serious as a broken arm or a lost paycheck. And while other states might limit or exclude emotional distress claims, Louisiana law allows victims to include emotional pain and mental anguish in a civil lawsuit, alongside claims for lost income, medical bills, and physical injuries.

It’s worth noting that not every uncomfortable emotional response is grounds for legal action. But if your distress is severe and backed by evidence from mental health professionals, you may be eligible to file a claim—either for intentional infliction or negligent infliction of emotional distress. More on those two main types of claims in the next section.

Main Types of Claims

Louisiana courts recognize two main types of emotional distress claims in personal injury cases: intentional infliction and negligent infliction of emotional distress.

1. Intentional Infliction of Emotional Distress (IIED) occurs when someone purposely engages in outrageous conduct intended to cause emotional harm. This could include verbal abuse, threats, stalking, or harassment. The conduct must be so extreme that it goes beyond all bounds of decency and would be considered intolerable in a civilized society.

2. Negligent Infliction of Emotional Distress (NIED) arises when emotional trauma results from someone else’s carelessness, even if they didn’t mean to cause harm. In Louisiana, this type of claim is more limited than in some other states. The courts typically require a direct involvement in the accident or event and a close relationship between the victim and the person who suffered harm.

Under Louisiana law and jurisprudence, the state recognizes both IIED and NIED but applies them narrowly. The Louisiana Supreme Court has made it clear that emotional distress alone—without physical injury, property damage, or a unique legal duty—is not always enough for a standalone claim.

That’s why it’s essential to prove emotional distress through strong evidence, such as:

• Therapy notes and evaluations from mental health professionals

• Medical records showing treatment for conditions like anxiety, depression, or PTSD

• Documentation of work disruptions, reduced productivity, or job loss

• Testimony from family or friends about the changes in your mental state or emotional behavior

Whether the defendant’s actions were intentional or simply negligent, your claim must show a clear link between those actions and your emotional injuries to have a shot at fair compensation.

The Role of Intentional Infliction

When someone goes out of their way to cause harm—emotionally, not just physically—that’s where an Intentional Infliction of Emotional Distress claim comes into play.

Under Louisiana law, IIED claims require that the victim show:

• The conduct was extreme and outrageous

• The conduct was intentional or reckless

• The conduct caused severe emotional distress

Mere insults, indignities, or annoyances are not enough. The behavior must be truly egregious. For example, persistent racial harassment at work, threats of violence, or exposing someone to public humiliation could potentially qualify.

To succeed in an IIED case, emotional distress must be severe—not just frustration or irritation. We're talking about psychological trauma that interferes with daily life, work, sleep, or relationships. Courts often look for supporting evidence like medical treatment, therapy sessions, or even testimony from mental health professionals.

In rare cases, Louisiana courts may also award punitive damages for intentional infliction claims. While not common in most personal injury cases, punitive damages are allowed when the conduct is particularly harmful and malicious—serving both to punish the defendant and to deter others from similar behavior.

So if the person who caused your distress acted with intent and their actions led to significant mental and emotional trauma, a claim for intentional infliction could provide a path to real compensation—not just for medical costs or lost income, but for the invisible injuries that don’t always leave a bruise.

Emotional Distress Claim Process

Filing an emotional distress claim after a car accident in New Orleans isn’t as simple as filling out a form. The process can be lengthy and requires solid documentation. You’re not just telling the court you’re stressed—you’re building a case that proves your mental trauma is real, serious, and caused by someone else’s negligence or intentional infliction.

Here’s a general breakdown of the legal process:

1. Gathering Evidence – This is the most important step. You’ll need therapy notes, medical records, work records (if you missed work or experienced reduced productivity), and statements from mental health professionals to prove emotional distress.

2. Establishing Liability – You have to show that the defendant’s actions—either negligent or intentional—led directly to your emotional injuries.

3. Filing a Civil Lawsuit – If a fair settlement can’t be reached, your lawyer may recommend filing a civil lawsuit. This involves submitting a formal complaint to the court.

4. Negotiation or Trial – Most emotional distress cases settle out of court, but if the other party won’t budge, your case may go to trial.

Because of the emotional toll and legal complexity involved, working with a personal injury attorney who understands Louisiana law is more than just helpful—it’s smart. They can help you seek compensation for emotional suffering, lost income, therapy costs, and more.

Infliction of Emotional Distress in Louisiana

Louisiana courts recognize infliction of emotional distress as a valid form of harm under the umbrella of personal injury. While the legal bar is high—especially in cases without physical injuries—it’s not impossible.

In intentional infliction cases, the courts look for deliberate, extreme conduct that would cause emotional pain in any reasonable person. In negligent infliction cases, the focus shifts to whether the defendant failed to act with reasonable care, causing emotional trauma to the plaintiff.

Emotional distress alone can support a personal injury claim—but only under “special circumstances.” These include witnessing a traumatic injury to a close relative or experiencing a shocking, negligent act firsthand.

Bottom line? If you’re suffering from mental anguish after a traumatic event, such as a car accident, Louisiana law does offer a legal path to recovery—if you can back it up with strong evidence.

The Importance of a Free Consultation

Before diving into legal paperwork or trying to seek compensation on your own, start with a free consultation. Talking to a personal injury lawyer in New Orleans gives you the chance to:

• Share what happened

• Understand your legal options

• Get real answers on whether your emotional distress qualifies under Louisiana law

A consultation also lets you vet the lawyer—ask how many emotional distress cases they’ve handled, whether they’ve worked with mental health professionals, and how they approach building evidence.

It’s not a sales pitch—it’s your chance to take control, ask hard questions, and figure out whether this path is worth pursuing.

Proving Emotional Distress

Let’s be blunt: judges aren’t mind readers. You can’t just say “I’m suffering” and expect a settlement check. You need to prove emotional distress with documentation, testimony, and clarity.

Here’s what helps:

• Medical records showing treatment for anxiety, panic attacks, insomnia, or depression

• Therapy notes confirming consistent mental health symptoms

• Statements from mental health professionals connecting your condition to the accident

• Work records showing missed days, demotions, or reduced productivity

• Testimony from friends, family, or coworkers about changes in your emotional state

The stronger the evidence, the stronger the claim. You’re not just proving that you're upset—you’re showing that your mental suffering has real consequences: lost income, strained relationships, disrupted routines, and possibly even job loss.

The burden is on the victim to tie the distress to the defendant’s actions, whether through negligence or intentional infliction. A lawyer can help you build a clear narrative that fits what Louisiana courts expect to see—and more importantly, that gets taken seriously.

Stress After a Car Accident Isn’t Just “In Your Head”

The emotional impact of a car accident isn’t always visible, but that doesn’t make it any less real. If you're struggling with the mental fallout—whether it’s anxiety, depression, or a complete shift in how you live your life—you deserve a legal system that takes that pain seriously. Emotional distress claims in Louisiana are challenging, but with the right guidance, they are possible.

At Burnham Law Firm, we understand how emotional injuries can upend your life—and we believe those injuries deserve to be heard, not ignored.

You don’t have to prove your pain to the world, but you should never have to carry it alone.