Can You Sue for Mental and Emotional Harm After a Car Accident in Illinois?

 Posted on February 19, 2026 in Car Accident

Illinois law allows you to seek compensation for mental and emotional harm after a car accident if another driver caused the crash. Emotional injuries can affect every aspect of your life. That kind of impact warrants compensation.

Emotional harm is common after a car accident. A 2025 meta-analysis found that about 20.3 percent of traffic accident survivors develop post-traumatic stress disorder (PTSD). As of 2026, Illinois law allows accident victims to include emotional suffering in a personal injury claim. Our Mount Prospect, IL car accident lawyer can help you understand the full value of your accident claim.

What Is Mental and Emotional Harm After a Car Accident?

Mental and emotional harm refers to psychological injuries caused by the accident. These injuries affect your thoughts, emotions, and daily life.

Common examples include:

• Anxiety or panic attacks
• Depression or emotional distress
• Post-traumatic stress disorder (PTSD)
• Fear of driving or riding in vehicles

These problems may start right away or develop later. Some people feel nervous, have trouble sleeping, or avoid driving. Emotional harm can interfere with work, family life, and daily routines.

Treatment may include therapy, counseling, or medical care. These records can help show how the accident affected you.

Does Illinois Law Allow Compensation for Emotional Distress?

Illinois law allows compensation for emotional distress. Under 735 ILCS 5/2-1115.2, accident victims can recover non-economic damages. These damages include emotional pain, mental suffering, and loss of enjoyment of life.

Non-economic damages are different from medical bills or lost wages. They focus on how the injury changed your life.

If another driver caused the accident through negligence, you may have the right to file a claim. Negligence means the driver acted carelessly, for example, by speeding, texting, or ignoring traffic laws.

Do You Need Medical Records To Prove Emotional Harm?

Medical records help show that your emotional harm is real and related to the accident. Doctors, therapists, and other professionals can diagnose conditions like anxiety or PTSD.

Under 735 ILCS 5/13-202, Illinois law gives you two years to file a personal injury lawsuit. This time limit applies to claims involving emotional harm. Getting treatment early helps create records that connect your emotional condition to the crash. These records help support your claim.

Without documentation, insurance companies may question your injury.

What Evidence Helps Support Emotional Harm Claims for a Car Accident Case?

You must show that the accident caused your emotional harm. Evidence can help explain how your life changed after the crash. Personal notes describing your symptoms and statements from family members can help show changes in your behavior, mood, or daily activities.

This information helps connect your emotional condition to the accident. Insurance companies often review this type of evidence carefully when deciding whether to pay compensation.

How Is Pain and Suffering Calculated After a Car Accident?

Pain and suffering damages do not have a fixed dollar amount. Instead, insurance companies and courts look at how the injury affects your daily life.

Common factors used to calculate pain and suffering include:

• The type and seriousness of your emotional injury
• How the injury affects your work and daily activities
• The length of your recovery and whether symptoms continue
• Medical and therapy records that show your condition

Insurance companies may use formulas or compare your case to similar cases. However, these calculations are not always fair. Strong medical evidence and clear documentation can help ensure your emotional harm is properly valued.

Why Is It Important To Act Quickly After Emotional Injuries?

Acting quickly can preserve important evidence and protect your right to seek compensation. Delays can make it harder to gather medical records, witness statements, and other proof that connect your emotional harm to the accident.

Insurance companies often review claims carefully and may look for reasons to limit what they pay. Getting legal guidance early can help you avoid mistakes, protect your claim, and put you in a stronger position to pursue fair compensation.

Schedule a Free Consultation With Our Arlington Heights, IL Car Accident Attorney

If you suffered emotional harm after a crash, you may have the right to seek compensation. At Adler Injury Law, Ltd., we help clients recover compensation for all injuries caused by negligent drivers. Attorney Adler places a high priority on fighting for his clients’ rights against large insurance companies and always pursues fair results.

Call 312-236-2700 to schedule a free consultation with a Mount Prospect, IL car accident lawyer and find out what compensation you deserve.