Bones knit back together. Cuts heal. But the panic that hits your chest when you have to drive past the accident scene? The sleepless nights caused by chronic back pain? Or the depression that sets in when you lose your independence? Those don’t just “get better” on their own.
In the legal world, we define this as Emotional Distress. And under Nevada law, it is just as valid—and compensable—as a broken arm
Here is the problem: insurance companies hate paying for injuries they can’t see on an X-ray. Getting compensation for emotional trauma is never automatic. In fact, most Las Vegas insurance adjusters use algorithms that are programmed to “zero out” these claims. Unless you can present “hard” medical evidence that fits their specific data points, they will treat your trauma like it doesn’t exist.
This guide breaks down exactly how we use Nevada statutes (NRS) and forensic medical standards to force them to pay what you deserve.
1. The Legal Framework: NIED vs. IIED
In Nevada courts, suing for mental anguish generally falls under two specific legal theories.
Negligent Infliction of Emotional Distress (NIED)
This is the most common claim in personal injury cases (car accidents, malpractice, slip and falls). It arises when negligence causes significant mental trauma.
- The “Physical Manifestation” Rule: Under the Nevada Supreme Court ruling in Chowdhry v. NLVH, you generally cannot sue for just hurt feelings. Courts look for objective physical symptoms.
- Legal Authority: You can see the Nevada Revised Statutes (NRS) 41.130 to understand more details regarding liability for personal injury.
Intentional Infliction of Emotional Distress (IIED)
This claim is reserved for “extreme and outrageous” conduct—behavior that is “atrocious” and “utterly intolerable in a civilized community” (e.g., assault, intentional humiliation).
2. The Science of Trauma: Why The “It’s All in Your Head” is Wrong
We need to be clear about one thing: Emotional distress is a biological injury. It is not a mood swing.
Think about what happened during your accident. When you experienced that impact, your brain didn’t just “process” the fear; it physically reacted. Your Amygdala—the brain’s alarm system—essentially got stuck in the “on” position. It flooded your bloodstream with cortisol and adrenaline and, for many victims, it refuses to shut off.
This isn’t a legal theory. It is a medical fact backed by the National Institute of Mental Health (NIMH). Trauma rewires the brain’s structure.
That is why you are experiencing:
- Hyperarousal: You aren’t just “nervous.” You are stuck in “fight or flight” mode even when you are safe on your own couch.
- Dissociation: You feel detached, like you are watching your life on a movie screen rather than actually living it.
- Somatic Pain: The mental stress is manifesting as physical pain that doctors can’t trace to a fracture.
We don’t tell the jury you are “sad.” We work with forensic psychiatrists to prove your brain chemistry has been altered.
3. The “Bystander Rule”: The Zone of Danger
We frequently receive calls from parents or spouses who witnessed a loved one get hurt. In Nevada, this is known as a Bystander Claim.
Under Grotts v. Zahner, you must prove three specific factors:
- Proximity: You were located physically near the scene (the “Zone of Danger”).
- Contemporaneous Observance: You saw/heard the accident happen as it occurred.
- Closely Related: You must be closely related to the victim (Blood or Marriage).
4. Economic vs. Non-Economic Damages: A Breakdown
In a personal injury lawsuit, damages are split into two categories. Emotional distress falls under “Non-Economic” damages, which are harder to calculate but often yield higher compensation.
| Category | Definition | Examples | Proof Required |
|---|---|---|---|
| Economic Damages | Objective financial losses. | Medical bills, lost wages, vehicle repair, future therapy costs. | Invoices, W-2s, receipts. |
| Non-Economic Damages | Subjective quality of life losses. | Emotional distress, pain & suffering, loss of consortium, disfigurement. | Psychiatric evaluation, witness testimony, “Day in the Life” videos. |
Note on Caps: In Nevada, Non-Economic damages are UNCAPPED for standard personal injury cases (like car accidents), meaning a jury can award millions if the evidence supports it. However, Medical Malpractice cases cap these damages at roughly $430,000+.
5. Recognizing the Signs: Do You Have a Case?
In our analysis of successful claims, we found that victims often fail to report symptoms because they don’t realize they are related to the accident.
Physical & Behavioral Indicators
- Sleep Disruption: Inability to fall asleep or reliance on sleep aids.
- Appetite Changes: Significant weight gain or loss due to stress.
- Fatigue: A constant “loss of energy” or chronic lethargy.
Signs of Emotional Distress in Children
In some particularly tragic cases, children in an accident may show signs of emotional distress. If your child suffered injuries and you notice that they no longer want to play with friends, become more aggressive, suddenly have difficulty concentrating, seem to want more attention from adults, don’t want to leave the house, or are no longer interested in their usual activities, they might have suffered emotional distress.
This may include depression, anxiety, or even post-traumatic stress disorder. In teens, the symptoms might include resisting authority, becoming disruptive, and experimenting with high-risk behaviors such as doing drugs or drinking.
A child or teen who survived a previous disaster or accident is more likely to develop emotional distress after a second incident. Additionally, if your child lost a loved one because of an illness, age, or another reason other than the accident, they are at a higher risk of emotional distress.
6. How We Prove “Invisible” Injuries
Insurance companies argue that because they can’t see your pain on an X-ray, it isn’t there. To force them to pay, we must translate your emotions into medical data using DSM-5 criteria.
The “Single Parent” Factor
Juries often undervalue the stress placed on single parents who are injured. We make sure that “Disruption of Lifestyle” is a key component of your demand letter.
7. Action Plan: What To Do Right Now
- Seek Professional Help: A journal is good; a doctor’s note is better. See a therapist who can officially diagnose your condition.
- Be Honest with Your Doctor: Do not downplay your symptoms. If you are having suicidal thoughts or are drinking to cope, tell them.
- Call Benson & Bingham: We can tell you in minutes if your specific situation meets the Nevada threshold for a bystander or NIED claim.
We Don’t Let Them Dismiss Your Trauma
At Benson & Bingham, we know that the mental scars often last longer than the physical ones. We have recovered millions for clients by treating emotional distress as a serious, medical injury—not an afterthought.
Real Client Stories
“On a Tuesday night… I was making a Target run when a drunk driver crashed into me… I was with my car destroyed, my body hurt, and unable to do anything but cry… Benson and Bingham Injury Law brought me out of a nightmare and gave me back to my life.” — Amber [Link to Review]
“Knowing she is caring for all the steps allowed me to take it day by day… I am a single mom of 2 and every reference or piece of advice was absolutely needed. She took a lot of stress out…”
— Cristina Robinson [Link to Review]
“When my 2 youngest daughters were peeled out of the SUV they were riding in, my heart stopped and I thought they were dead… Benson and Bingham Injury Law took all the worries away from us and got my daughter’s money for their pain.”
— Daniel Martinez [Link to Review]
