What Counts as Emotional Trauma in a Personal Injury Claim in Louisiana?

When most people think of a personal injury claim, they imagine hospital bills, casts, or surgeries. But not every wound is visible. After a serious accident, the emotional fallout can be just as devastating as a physical injury.

Louisiana law recognizes this reality. Under La. Civ. Code art. 2315, a person who causes harm through negligence or fault must repair not only physical injuries but also moral damages—a term that covers mental anguish, emotional distress, and the loss of enjoyment of life. That means if you’ve suffered serious emotional harm because of someone else’s actions, you may have the right to compensation.

So, what counts as emotional trauma in a personal injury claim in Louisiana? And how do you prove it in court or to an insurance company? Let’s break it down.

What Counts as Emotional Trauma in Louisiana?

Emotional trauma is more than feeling shaken up after an accident. It can manifest in ways that interfere with daily life and relationships. Courts in Louisiana have recognized claims for:

• Post-Traumatic Stress Disorder (PTSD) after car accidents or violent events

• Anxiety and panic attacks that prevent a person from working or driving

• Depression or mood swings tied directly to the trauma

• Insomnia or recurring nightmares after the incident

• Loss of enjoyment of life, where hobbies, family time, or simple daily activities no longer feel the same

These emotional injuries can arise from many types of personal injury cases: car accidents, workplace incidents, falls, or even cases involving intentional infliction of emotional harm. The law recognizes that emotional distress can be just as devastating as physical harm.

Types of Emotional Distress Claims

Louisiana courts recognize different types of emotional distress claims, each with its own legal standards.

• Negligent infliction: This applies when someone’s careless behavior causes emotional harm. For example, a distracted driver who causes a crash may be liable not only for broken bones but also for the anxiety and emotional distress suffered by the injured person.

• Intentional infliction: This is a higher standard. To succeed, the conduct must be extreme and outrageous—beyond all possible bounds of decency. An example might be a situation involving deliberate harassment or abuse intended to cause suffering.

• Bystander claims (Lejeune claims): Louisiana has a unique rule stemming from the case Lejeune v. Rayne Branch Hospital (1990) and later codified in La. Civ. Code art. 2315.6. It allows certain family members who witness a loved one’s injury to recover for their own emotional trauma. For instance, if a parent watches their child get struck by a negligent driver, the parent may have a valid emotional distress claim even if they weren’t physically injured themselves.

The Psychological Impact of Trauma

Mental and emotional trauma can take many forms, and it often lingers long after physical injuries heal. Accident victims may experience:

• Nightmares or flashbacks of the event

• Mood swings or irritability that affect relationships

• Panic attacks in everyday situations, such as driving past the crash site

• Loss of confidence or independence in daily activities

A traumatic event does not need to leave visible scars to cause lasting harm. In many personal injury cases, the emotional toll becomes the most significant part of the recovery process.

Evidence Needed to Prove Emotional Distress

One of the challenges with these claims is that emotional trauma isn’t as easy to prove as a broken arm on an X-ray. Courts expect reliable, objective evidence to back up the claim. This may include:

• Medical records from doctors or psychiatrists

• Therapy or counseling notes

• Prescriptions for medication such as antidepressants or sleep aids

• Testimony from mental health professionals linking the condition to the accident

• Personal journals documenting symptoms, triggers, or daily struggles

• Statements from family, friends, or coworkers who can describe how your behavior or mood changed after the event

This evidence helps show that the emotional distress caused is real, ongoing, and significant. A personal injury attorney can work with mental health professionals to strengthen these claims.

Recoverable Emotional Damages in Louisiana

If you can prove emotional trauma, you may recover non-economic damages, which are intended to cover the personal impact of an injury. These may include:

• Pain and suffering

• Mental anguish

• Loss of enjoyment of life

• Loss of consortium (in cases where the trauma affects a marriage or family relationship)

In addition, you may recover economic damages tied directly to the emotional harm, such as the cost of therapy, counseling, or lost income if your condition prevents you from working.

In rare cases involving extreme, intentional conduct, punitive damages may be available. Louisiana limits punitive damages to very specific situations, such as drunk driving crashes (La. Civ. Code art. 2315.4) or certain criminal acts, but they can apply if the facts fit.

Calculating Pain and Suffering Damages

Calculating emotional distress damages is not straightforward. Unlike medical bills or lost wages, emotional injuries don’t come with a receipt. Louisiana courts look at factors like:

• The severity of the emotional injuries

• The length of time symptoms last

• The impact on work, family, and social life

• The need for ongoing therapy or treatment

Attorneys often rely on medical documentation, therapy notes, and personal testimony to help calculate pain and suffering damages. The stronger the evidence, the more likely it is that a victim will recover damages that truly reflect the emotional toll of the traumatic event.

Real-World Examples

Louisiana courts have considered emotional distress in many contexts. A few examples include:

• Car accidents where survivors developed PTSD or ongoing anxiety about driving

• Medical malpractice where a patient suffered emotional harm in addition to physical complications

• Workplace incidents involving harassment or intentional misconduct leading to severe emotional injury

• Family members (Lejeune claims) who witnessed traumatic harm to a loved one and developed their own psychological injuries

These cases illustrate that emotional trauma isn’t limited to one type of accident—it can arise in many different scenarios.

Time Limits for Emotional Distress Claims

Louisiana has strict time limits in the country. The statute of limitations (called “prescriptive period” in Louisiana law) for personal injury claims recently changed:

• One year if the injury occurred before January 1, 2024

• Two years if the injury occurred on or after January 1, 2024 (per the amendment to La. Civ. Code art. 3492)

Waiting too long can mean losing the right to bring your claim, even if it’s otherwise valid. There are narrow exceptions if the emotional trauma wasn’t immediately discovered, but it’s risky to rely on them.

How Emotional Distress Fits Into a Personal Injury Case

In most Louisiana cases, emotional harm is pursued alongside physical injury claims. For example, if someone is injured in a car accident, they may recover for both physical harm and the psychological trauma that followed.

But even in cases with little or no physical injury, emotional distress claims may stand alone—such as when someone witnesses a violent accident and suffers emotional pain. Louisiana law recognizes both situations as valid under the right circumstances.

Challenges in Emotional Distress Cases

Insurance companies often try to minimize emotional injuries. They may argue that emotional pain is exaggerated or unrelated to the accident. That’s why having substantial evidence—medical records, therapy notes, and consistent treatment—is so important.

Another challenge is showing the link between the accident and the emotional distress caused. Mental health professionals play a critical role here, connecting the dots between the traumatic event and the emotional injuries.

How a Lawyer Can Help

Insurance companies often undervalue emotional distress because it’s harder to measure than medical bills. A lawyer can make a difference by:

• Collecting medical and psychological records

• Coordinating testimony from mental health professionals

• Preserving evidence like surveillance or accident reports

• Filing the claim before the deadline expires

• Presenting your story clearly to insurers or in court

A well-documented emotional distress claim helps ensure you are taken seriously and that your suffering isn’t dismissed as “just stress.”

Protecting Your Right to Be Heard

Emotional trauma is real, and Louisiana law recognizes it. If you’re living with anxiety, depression, or PTSD after an accident, you don’t have to downplay your pain just because it isn’t visible. Under Louisiana Civil Code art. 2315, you may be entitled to seek compensation for the emotional harm caused by someone else’s negligence or intentional act.

At Burnham Law Firm, we help clients build strong claims that reflect the full scope of their injuries—both physical and emotional. If you or a loved one are struggling after an accident, reach out for guidance.

Your story matters. The law gives you a voice. Don’t let your suffering go unrecognized.