Emotional Distress Claims After Car Accidents in Michigan

A car crash doesn’t end when the wreckage is cleared. For many people, the real damage shows up later—racing thoughts, panic behind the wheel, sleepless nights, flashbacks, depression, or a constant sense of fear that won’t let go. That emotional fallout is real. And it can be just as disabling as a broken bone.

Car accidents cause serious psychological injuries, not just physical ones. But insurance companies love to pretend otherwise. They minimize it. They dismiss it. They suggest you’re “just stressed” or that it will “pass with time.”

That’s not how trauma works.

Under Michigan law, emotional distress may be compensable after a car accident, especially when it disrupts your ability to live, work, and function normally. The legal system recognizes that emotional harm is real harm—and you do not need to suffer in silence.

If what you’re experiencing feels overwhelming, you’re not weak. You’re human. And the law may be on your side.

Michigan Law on Emotional Distress Claims

How Michigan Recognizes Emotional Distress Damages

In most car accident cases, emotional distress is pursued as part of pain and suffering damages in a third-party claim against the at-fault driver. These damages account for the mental, emotional, and psychological toll of the crash—not just physical pain.

Emotional Distress as Part of Pain and Suffering

Pain and suffering damages may include:

• Anxiety, panic, and fear
• Depression and mood changes
• PTSD and trauma-related symptoms
• Sleep disruption and nightmares
• Loss of enjoyment of life

These damages are not “extra.” They are a core part of what crash victims endure.

Two Legal Paths

Michigan law distinguishes between:

Negligent Infliction of Emotional Distress (NIED)

• Typically applies in limited situations, such as bystander trauma
• Closely scrutinized and harder to prove
• Requires specific legal elements beyond ordinary negligence

Emotional Distress Connected to Bodily Injury

• The most common path in car accident cases
• Emotional harm is tied to physical injury from the crash
• Stronger, more straightforward claims when properly documented

Serious Impairment of Body Function and Emotional Distress

What Is the Serious Impairment Threshold?

A serious impairment is an injury that:

• Affects an important body function
• Impacts the person’s ability to lead their normal life

This standard doesn’t just apply to bones and muscles—it can apply to the mind as well.

When Emotional Distress Meets the Threshold

Emotional distress may qualify when it:

• Prevents you from driving or riding in cars
• Disrupts sleep, work, or relationships
• Causes ongoing anxiety, panic, or depression
• Requires counseling, medication, or psychiatric care

When psychological injuries alter daily life, they matter under Michigan law.

Role of Mental Health Conditions

Diagnoses such as PTSD, anxiety disorders, or major depression can play a critical role in meeting the threshold—especially when supported by treatment records and professional evaluations.

Emotional Distress Without Physical Injury – Can You Still Sue?

The General Rule in Michigan

Michigan courts are cautious with emotional distress claims without physical injury. In most cases, emotional harm is pursued alongside bodily injury as part of pain and suffering damages.

Limited Circumstances Where Claims May Proceed

Michigan law does recognize emotional distress claims without direct physical injury in narrow, specific situations, including:

• Severe psychological trauma tied to a negligent act
• Situations involving extreme or shocking events
• Cases where emotional harm is serious, diagnosable, and life-altering

Bystander Emotional Distress

Michigan allows limited claims when someone:

• Witnesses a serious injury or death of a close family member
• Experiences severe emotional trauma as a result

These cases are highly fact-specific and closely examined—but they do exist.

Why Legal Evaluation Matters

Never assume you “don’t have a case” without speaking to a lawyer. Emotional distress law is nuanced, and the difference between no claim and a valid one often comes down to how the facts are presented and supported.

At Marko Law, we look deeper—because justice lives in the details.

Evidence Used to Support Emotional Distress Claims

Key Evidence That Strengthens Emotional Distress Claims Includes:

• Medical and mental health records
  Documentation showing diagnosis, symptoms, and treatment following the crash.
• Therapy and counseling documentation
  Consistent therapy records demonstrate seriousness and duration of emotional harm.
• Psychiatrist and psychologist evaluations
  Expert opinions help establish PTSD, anxiety disorders, depression, or trauma-related conditions.
• Medication records
  Prescriptions for anxiety, sleep disorders, or depression can corroborate the severity of symptoms.
• Testimony from family, friends, and coworkers
  People close to you can explain how the crash changed your personality, behavior, and daily functioning.
• Your own testimony
  Your story matters—how your life has changed, what you struggle with, and what you’ve lost emotionally.

At Marko Law, we don’t let emotional injuries get dismissed as “invisible.” We make them undeniable.

Michigan No-Fault Insurance and Emotional Distress

No-Fault Benefits and Mental Health Treatment

Michigan No-Fault insurance may cover:

• Psychological treatment
• Counseling and therapy
• Psychiatric care related to crash injuries

These benefits fall under Personal Injury Protection (PIP) and can be critical early in recovery.

Coverage for Psychological Care

Mental health treatment tied to accident-related injuries may be covered, but insurers often:

• Question necessity
• Limit duration
• Push back on costs

Legal guidance helps protect access to care.

No-Fault vs. Third-Party Lawsuits

Here’s the key distinction:

• No-Fault benefits pay for treatment and limited economic losses
• Pain and suffering damages, including emotional distress, must be pursued through a third-party claim against the at-fault driver

Damages Available for Emotional Distress in Michigan

Pain and Suffering Damages

Emotional distress is most often compensated as part of pain and suffering, which accounts for the human cost of what you’ve endured—not just bills and receipts.

Mental Anguish and Emotional Trauma

This includes ongoing fear, anxiety, panic attacks, PTSD, depression, and the mental exhaustion that follows a traumatic crash. These injuries are real, diagnosable, and legally recognized.

Loss of Enjoyment of Life

When emotional trauma prevents you from:

• Driving or riding in cars
• Sleeping normally
• Enjoying hobbies or social activities
• Feeling safe in everyday situations

That loss matters under Michigan law.

Impact on Relationships and Daily Functioning

Emotional distress often strains marriages, parenting, friendships, and work performance. Mood changes, withdrawal, irritability, and fear can ripple through every part of daily life—and those consequences count.

Long-Term Psychological Care Costs

Therapy, counseling, psychiatric care, and medication may be required for months or years. These ongoing needs are part of the damages caused by the crash.

How Emotional Distress Damages Are Valued

There is no fixed formula. Value depends on:

• Severity and duration of symptoms
• Medical documentation and diagnosis
• Impact on daily life and relationships
• Credibility of the evidence and testimony

Insurance companies try to minimize this. Trial lawyers make it real.

What to Do If You’re Experiencing Emotional Distress After a Car Accident

Seek Medical and Mental Health Care Early

Don’t wait for symptoms to “go away.” Early treatment helps recovery—and documents the connection to the crash.

Document Symptoms and Life Changes

Keep track of:

• Panic or anxiety episodes
• Sleep problems
• Fear of driving
• Mood changes
• How daily life has been affected

Follow Treatment Recommendations

Consistent care strengthens both healing and credibility. Gaps in treatment are often exploited by insurers.

Avoid Minimizing Your Condition to Insurers

What you say can—and will—be used against you. You don’t owe insurers emotional honesty.

Contact an Experienced Michigan Car Accident Lawyer

Emotional distress claims require careful handling, strong evidence, and a legal team that respects what you’re going through.

Emotional Injuries Are Real. And They Matter.

Car accidents don’t just break bones—they break routines, confidence, and peace of mind. Emotional distress is a legitimate injury, and Michigan law recognizes that the harm caused by fear, anxiety, and trauma can last long after physical wounds heal.

If you’re dealing with panic attacks, sleepless nights, fear of driving, or a constant sense of unease, you’re not imagining it—and you’re not alone. These emotional injuries are real, valid, and deeply disruptive. They affect how you work, how you relate to others, and how you live your daily life.

Here’s the truth: emotional distress claims are possible with the right legal team—one that understands Michigan law, respects mental health injuries, and knows how to stand up to insurers who try to minimize human suffering.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/