More Than Physical Pain: Seeking Compensation for Emotional Distress After an Aviation Accident

Aviation accidents are thankfully rare, but when they occur, the impact can be devastating. While physical injuries are often the most visible consequence, the emotional and psychological trauma can be just as debilitating, if not more so. In fact, studies show that a significant percentage of plane crash survivors experience long-term mental health issues. This blog post explores the often-overlooked aspect of emotional distress following an aviation accident and how you can seek compensation for these invisible wounds.

The Hidden Scars: Understanding Emotional Distress

Emotional distress, also known as mental anguish or psychological trauma, refers to the psychological pain and suffering resulting from a distressing event. Unlike physical injuries, emotional distress doesn’t leave visible marks, but its impact on a person’s life can be profound and long-lasting.

Following an aviation accident, individuals may experience a range of emotional and psychological symptoms, including:

Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident. Studies on military personnel who survived plane crashes showed that a large percentage experienced intrusive thoughts, depression, anxiety, and PTSD symptoms.
Anxiety and Panic Disorders: Fear of flying, claustrophobia, panic attacks, and constant worry that disrupts daily life.
Depression and Withdrawal: Loss of interest in activities, fatigue, feelings of hopelessness, and social isolation.
Survivor’s Guilt: Feeling guilty for surviving when others didn’t, leading to decreased motivation and joy.
Sleep Disturbances: Insomnia, night sweats, and recurring dreams related to the accident.
Difficulty Readjusting to Everyday Life: Triggering events can worsen symptoms, such as being in confined spaces or hearing airplanes overhead.
Other Symptoms: Nausea, vomiting, inability to concentrate, memory loss, mood swings, tremors, and unexplained aches and pains.

These symptoms can significantly impair a person’s ability to work, maintain relationships, and enjoy life. The psychological impact can be as real and debilitating as physical injuries, emphasizing the need for understanding and support.

The Legal Landscape: Can You Seek Compensation for Emotional Distress?

The good news is that the legal system recognizes emotional distress as a legitimate form of damage. Many jurisdictions, including New York, New Jersey, New Hampshire, Vermont, and Maine, allow you to include mental and emotional injuries in your claim, even if your body has healed.

However, emotional distress cases can be complex and challenging to prove. Airlines and their insurance companies may downplay or dismiss emotional trauma as “just stress.” To successfully pursue a claim, it’s crucial to understand the legal requirements and gather the necessary evidence.

Establishing a Valid Claim

To recover compensation for emotional distress after an aviation accident, you typically need to demonstrate the following:

Negligence: You must prove that the accident was caused by someone else’s carelessness, whether it be mechanical failure, pilot error, or procedural negligence.
Documentation of Psychological Injury: A diagnosis from a licensed mental health professional, such as a psychiatrist, psychologist, or trauma therapist, is essential. Their evaluations provide documented evidence of your emotional pain and suffering.
Connection to the Crash: Your attorney will help link your symptoms directly to the accident through expert testimony and other evidence. This connection establishes that the emotional distress was a direct result of the aviation incident.
“Zone of Danger”: In many jurisdictions, you must have been within the “zone of danger,” meaning you were in an area where you feared for your life due to the impending accident.
Extreme Negligence: If investigations reveal extreme or willful negligence by the airline, it can strengthen your claim, even if you didn’t sustain physical injuries.

Types of Emotional Distress Claims

Under the law, there are generally two main types of emotional distress claims you can file:

Negligent Infliction of Emotional Distress: This claim is filed when the defendant’s actions were unintentional or accidental but caused your emotional distress. For example, an emergency landing due to a bad storm.
Intentional Infliction of Emotional Distress: This claim is filed when the defendant’s actions were intentional or reckless, such as an unruly passenger making threats or a violent physical attack.

What Kind of Compensation Can You Seek?

Compensation for emotional distress can vary significantly based on the severity of your suffering, the impact on your life, and the jurisdiction where you file your claim. Generally, you may be able to recover damages for:

Therapy and Counseling Costs: Ongoing sessions with trauma specialists, psychiatrists, or group therapy programs.
Medication and Psychiatric Care: Antidepressants, anxiety medication, and follow-up appointments.
Lost Wages and Earning Power: Compensation for missed workdays and any limitations on your ability to work due to anxiety or depression.
Loss of Enjoyment of Life: Compensation for hobbies, travel, and experiences you’ve stopped doing because of fear or stress.
Pain and Suffering: Acknowledgment of the emotional toll the trauma has taken on your sleep, family life, and overall well-being.

The Role of an Aviation Accident Attorney

Navigating the legal complexities of an emotional distress claim after an aviation accident can be overwhelming. An experienced aviation accident attorney can provide invaluable assistance by:

Investigating the Cause of the Crash: Determining the factors that led to the accident and identifying all liable parties.
Gathering Evidence: Collecting witness statements, accident reports, and other documentation to support your claim.
Consulting with Experts: Working with trauma experts, medical professionals, and economic analysts to quantify your emotional distress and its impact on your life.
Negotiating with Insurance Companies: Aggressively pursuing a fair settlement with the airline’s insurance company.
Representing You in Court: Filing a lawsuit and advocating for your rights in court if a settlement cannot be reached.

Proving Emotional and Psychological Injuries

Proving emotional and psychological injuries requires a multi-faceted approach:

Therapist and Psychiatrist Testimony: Mental health professionals document your diagnosis, symptoms, and prognosis.
Daily-Life Evidence: Journals, letters, or family testimony can illustrate how your routine has changed since the crash.
Employment Records: Missed work, demotions, or performance changes create a measurable trail of impact.
Expert Witnesses: Trauma psychologists explain how specific aviation experiences cause emotional harm.
Medical Corroboration: Physical signs like insomnia, panic attacks, and blood pressure spikes reinforce psychological diagnoses.

Time is of the Essence: Statutes of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In New York, you generally have three years to file for emotional injuries tied to negligence. Other states have varying deadlines, so it’s essential to consult with an attorney as soon as possible to protect your right to recover.

Conclusion: Reclaiming Your Peace of Mind

If you’ve experienced an aviation accident, remember that your emotional and psychological well-being is just as important as your physical health. Don’t hesitate to seek help from mental health professionals and explore your legal options for seeking compensation for your emotional distress. With the support of an experienced aviation accident attorney, you can navigate the legal process and work towards reclaiming your peace of mind.