Cogburn Davidson | August 6, 2025 | Car Accidents
Can You Sue for Emotional Distress After a Car Accident in Nevada?
If you’re struggling with anxiety, nightmares, depression, or post-traumatic stress disorder (PTSD) after a crash, you’re not alone, and you may be entitled to compensation under Nevada law. At Cogburn Davidson Car Accident & Personal Injury Lawyers, we help injured Nevadans recover not only for their visible injuries but also for the invisible pain of emotional trauma.
Below, we break down your right to sue for emotional distress, how Nevada law treats these claims, and what you need to know to protect your rights.
What Is Emotional Distress in a Car Accident Case?
In legal terms, emotional distress is a form of non-economic damage—a category of compensation that doesn’t have a clear dollar amount but reflects real harm.
After a traumatic auto accident, emotional distress may include:
- Ongoing anxiety or depression
- Panic attacks or insomnia
- Fear of driving or riding in vehicles
- Emotional trauma from witnessing serious injuries or death
- Post-traumatic stress disorder (PTSD)
These symptoms can be debilitating and may interfere with your relationships, career, and daily life. Nevada courts recognize emotional distress as a legitimate form of injury that deserves fair compensation.
Can You File a Lawsuit for Emotional Distress in Nevada?
Yes, you can. In Nevada, emotional distress claims can be made in two ways:
- As part of a personal injury claim (e.g., you suffered physical and emotional injuries in the crash)
- As a standalone “negligent infliction of emotional distress” (NIED) claim, typically when you weren’t physically injured but witnessed a traumatic event (e.g., watching a loved one seriously injured or killed in a crash)
To recover compensation, you must prove:
- The other party was negligent
- Their negligence caused the accident
- You suffered emotional harm as a result
What’s the Deadline to File?
Under Nevada law, you typically have two years from the date of the accident to file a lawsuit for personal injury and emotional distress (NRS §11.190(4)(e)). If you wait too long, the court may dismiss your case entirely—even if your emotional injuries are valid and ongoing.
How Much Compensation Can You Receive?
There’s no universal formula for emotional distress damages. Courts and insurance companies consider:
- The severity of your trauma
- Whether it’s diagnosed (e.g., PTSD)
- How long your symptoms have lasted
- Whether your emotional distress interferes with work or daily life
- Supporting evidence (medical records, therapy bills, etc.)
How Do You Prove Emotional Distress After a Crash?
Here’s what helps build a strong emotional distress claim:
- Medical records from therapists, psychologists, or psychiatrists
- Journal entries documenting your emotional experience
- Testimony from loved ones about noticeable personality changes
- Prescription records for anti-anxiety, depression, or sleep medications
- Employer documentation showing reduced performance or missed work
Do You Have to Go to Court?
Probably not. Most personal injury cases—especially those involving emotional distress—settle out of court. In fact, 95–96% of claims are resolved before trial, often through negotiation with insurance companies (Civil Bench and Jury Trials in State Courts, 2005). However, having an experienced trial attorney in your corner ensures you’re prepared if your case goes to court and can pressure insurers into making a serious offer early on.
How Cogburn Davidson Law Can Help
When you hire our Las Vegas car accident attorneys, we will:
- Document the emotional toll of your crash
- Consult with medical and mental health experts
- Calculate the full scope of damages, including emotional trauma
- Shield you from unfair insurance tactics that minimize your suffering
- Fight to get you the highest compensation possible—whether through settlement or at trial
We’ve recovered hundreds of millions of dollars for injured Nevadans. Let us help you, too. Contact Cogburn Davidson Car Accident & Personal Injury Lawyers to schedule your free consultation today. We serve Las Vegas, Henderson, Summerlin, Spring Valley, and beyond.If you’re struggling with anxiety, nightmares, depression, or post-traumatic stress disorder (PTSD) after a crash, you’re not alone, and you may be entitled to compensation under Nevada law. At Cogburn Davidson Car Accident & Personal Injury Lawyers, we help injured Nevadans recover not only for their visible injuries but also for the invisible pain of emotional trauma.
Below, we break down your right to sue for emotional distress, how Nevada law treats these claims, and what you need to know to protect your rights.
What Is Emotional Distress in a Car Accident Case?
In legal terms, emotional distress is a form of non-economic damage—a category of compensation that doesn’t have a clear dollar amount but reflects real harm.
After a traumatic auto accident, emotional distress may include:
- Ongoing anxiety or depression
- Panic attacks or insomnia
- Fear of driving or riding in vehicles
- Emotional trauma from witnessing serious injuries or death
- Post-traumatic stress disorder (PTSD)
These symptoms can be debilitating and may interfere with your relationships, career, and daily life. Nevada courts recognize emotional distress as a legitimate form of injury that deserves fair compensation.
Can You File a Lawsuit for Emotional Distress in Nevada?
Yes, you can. In Nevada, emotional distress claims can be made in two ways:
- As part of a personal injury claim (e.g., you suffered physical and emotional injuries in the crash)
- As a standalone “negligent infliction of emotional distress” (NIED) claim, typically when you weren’t physically injured but witnessed a traumatic event (e.g., watching a loved one seriously injured or killed in a crash)
To recover compensation, you must prove:
- The other party was negligent
- Their negligence caused the accident
- You suffered emotional harm as a result
What’s the Deadline to File?
Under Nevada law, you typically have two years from the date of the accident to file a lawsuit for personal injury and emotional distress (NRS §11.190(4)(e)). If you wait too long, the court may dismiss your case entirely—even if your emotional injuries are valid and ongoing.
How Much Compensation Can You Receive?
There’s no universal formula for emotional distress damages. Courts and insurance companies consider:
- The severity of your trauma
- Whether it’s diagnosed (e.g., PTSD)
- How long your symptoms have lasted
- Whether your emotional distress interferes with work or daily life
- Supporting evidence (medical records, therapy bills, etc.)
How Do You Prove Emotional Distress After a Crash?
Here’s what helps build a strong emotional distress claim:
- Medical records from therapists, psychologists, or psychiatrists
- Journal entries documenting your emotional experience
- Testimony from loved ones about noticeable personality changes
- Prescription records for anti-anxiety, depression, or sleep medications
- Employer documentation showing reduced performance or missed work
Do You Have to Go to Court?
Probably not. Most personal injury cases—especially those involving emotional distress—settle out of court. In fact, 95–96% of claims are resolved before trial, often through negotiation with insurance companies (Civil Bench and Jury Trials in State Courts, 2005). However, having an experienced trial attorney in your corner ensures you’re prepared if your case goes to court and can pressure insurers into making a serious offer early on.
How Cogburn Davidson Law Can Help
When you hire our Las Vegas car accident attorneys, we will:
- Document the emotional toll of your crash
- Consult with medical and mental health experts
- Calculate the full scope of damages, including emotional trauma
- Shield you from unfair insurance tactics that minimize your suffering
- Fight to get you the highest compensation possible—whether through settlement or at trial
We’ve recovered hundreds of millions of dollars for injured Nevadans. Let us help you, too. Contact Cogburn Davidson Car Accident & Personal Injury Lawyers to schedule your free consultation today. We serve Las Vegas, Henderson, Summerlin, Spring Valley, and beyond.