Pennsylvania Superior Court Recognizes Emotional Distress as a Bodily Injury

A recent Superior Court decision ruled that emotional distrees is considered a “bodily injury” under an automobile insurance policy.

In this case,  a family member witnessed a loved one die in a car accident, and had emotional injuries including nightmares, loss of sleep, depression and other physical manifestation. In its analysys, the court reasoned that, although the sypmtoms did not include blunt trauma to muscle, tissue, or bone, they were still compensable. The insurance company attempted to have the court carve out an exclusion to this type of claim.  Beware insurance companies may now try to exclude these compensable claims in their original policy with clear language such as, “We don’t insure claims for emotional distress.” Should you or anyone you know need assistance when you are involved in any car accident, don’t hesitate to contact us