Rob King & Associates, Trail Lawyers | November 19, 2025 | Car Accidents
If you were in a car crash in Indiana and now suffer from anxiety or emotional distress, you may wonder whether you can include that as part of your claim. This article explains how that works in simple terms and what you need to know about pursuing compensation in Indiana.
What Is Anxiety After a Car Accident?
After a collision, it’s common to feel shaken, worried, or on edge. For some people, these feelings go away, but for others, they develop into a full‑blown anxiety disorder or post‑traumatic stress. Symptoms may include panic attacks, trouble sleeping, fear of driving again, or reliving the accident in nightmares.
These emotional responses are genuine and can have a significant impact on everyday life, including work, driving, social interactions, and overall well-being. Anxiety related to an accident can be considered an injury in a legal sense if it is serious enough.
How Indiana Law Treats Emotional Distress
In Indiana, you can recover for emotional distress or mental anguish as part of a personal injury claim, but there are specific rules.
The law says that emotional distress must be tied closely to the accident and generally accompanies a physical injury. Indiana’s so‑called “Modified Impact Rule” requires that you either suffered a physical impact (such as a bodily injury) or else were a bystander who witnessed a traumatic event.
In short, you typically cannot claim only emotional distress if there was no injury or intentional wrongdoing. Also, non‑economic damages like anxiety and mental suffering are usually allowed in Indiana, and in most cases, there is no cap. However, different rules generally apply when suing a government entity.
Can Anxiety Alone Be the Basis of Your Claim?
If you have anxiety after a car accident but no physical injury, the claim becomes more challenging under Indiana law. Because the law generally requires a physical injury (or the bystander exception), having only anxiety may not be enough to make a full claim for emotional distress alone.
On the other hand, if you were injured physically in the crash and developed anxiety as a result, then you may include that emotional harm in your claim.
If your anxiety is caused by the negligent or reckless behaviour of another driver, and you can show a direct link between the crash and your symptoms, you stand a good chance of having that mental injury counted.
What Evidence Is Needed to Claim Anxiety?
To include anxiety in your claim, you should take steps to document and support it.
Proof may include:
- Seeing a mental health professional and getting a formal diagnosis, such as an anxiety disorder or PTSD
- Keeping any records like medical bills, therapy notes, prescriptions, time off work, or worsening of everyday life
- Keeping a journal of how the anxiety affects your daily life, driving, sleeping, concentration, or avoidance of certain places or situations
- Having accident‑related evidence—such as a police report, a crash report, or testimony of negligence—to prove that the accident caused your injury
All of this will help you show that your anxiety did not come simply from life generally, but from that specific car accident caused by someone else’s negligence.
What Types of Compensation Are Possible?
If your anxiety is part of a valid claim, you can receive both economic damages and non‑economic damages.
Economic damages cover things like medical treatment (therapy, medication), lost wages if you missed work because of the anxiety, and future treatment costs. Non‑economic damages cover the suffering itself: anxiety, fear, loss of enjoyment of life, trouble driving, and broken relationships.
In Indiana, non‑economic damages are permitted in car accident cases and generally do not have a statutory cap (unless a government defendant is involved). The exact value will depend on how severe your anxiety is, how it affects your life, how long it’s expected to last, and how well your lawyer presents the evidence.
Contact Our Indianapolis Car Accident Lawyers for a Free Consultation
If your life has changed because of anxiety after a car accident, don’t ignore what you’re feeling. Acting early, seeking professional help, keeping detailed records, and getting legal guidance can make a real difference. Your emotional health matters, and under Indiana law, it may be a factor in your claim.
With the right team and evidence, you can work toward not only compensation but a return to a fuller life. Call the Indianapolis car accident lawyers at Rob King & Associates, Trial Lawyers for a free consultation.
For more information, please contact Rob King & Associates, Trial Lawyers to schedule a free consultation with a car accident lawyer in Indianapolis, Indiana, today.
We proudly serve Marion County and its surrounding areas.
Rob King & Associates, Trial Lawyers – Indianapolis Office
320 N Meridian St Suite 906
Indianapolis, IN 46204
(317) 916-0000
