Short Answer

Yes. In North Carolina, you can claim non-economic damages like anxiety, emotional distress, and pain and suffering in your pre-suit demand letter when the other driver’s negligence caused your injuries. You should tie those harms to the crash with clear evidence (treatment notes, diagnoses, and provider opinions) and include them alongside your medical bills, lost income, and out-of-pocket costs.

Understanding the Problem

In North Carolina personal injury claims, can you ask an at-fault driver’s insurer to pay for anxiety and emotional distress as part of your demand letter? You are preparing a demand and your ongoing anxiety is documented by your healthcare providers. This question is about what you may include in the demand package before any lawsuit is filed.

Apply the Law

North Carolina allows recovery of both economic and non-economic damages in negligence cases. Non-economic damages include pain, suffering, mental anguish, and anxiety. You do not need a separate lawsuit for emotional distress to include these losses in a demand. You do need evidence that the crash proximately caused or aggravated your condition, and you must assert the claim within the statute of limitations if negotiations fail.

Key Requirements

• Liability: Show the other party breached a duty of care (e.g., careless driving) and is at fault.
• Causation: Connect your anxiety/emotional distress to the crash or its aftermath; note any aggravation of pre-existing conditions.
• Damages: Document non-economic harms (anxiety, sleep disturbance, counseling) with provider records, plus economic losses (bills, deductions, vehicle costs).
• Evidence: Include treatment notes, medications, referrals, and any mental health assessments that reflect persistent symptoms.
• Time limit: Personal injury claims generally must be filed within three years if settlement is not reached.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Most negligence-based personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 1D-15 (Punitive damages standard) - Punitive damages require fraud, malice, or willful/wanton conduct and only apply if compensatory damages exist.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability and UM/UIM coverage) - Sets coverage requirements and procedures that can affect settlement and UIM notice/consent.

Analysis

Apply the Rule to the Facts: Liability rests on proving the at-fault driver’s negligence; your attorney’s demand should state how the crash happened and why the other driver is responsible. Causation is supported by your healthcare providers’ documentation linking your ongoing anxiety and emotional distress to the crash or its aftermath. Damages should include medical bills under collection, your out-of-pocket deductible and replacement costs, and your non-economic harms (anxiety, sleep issues, counseling), summarized and supported by records.

Process & Timing

1. Who files: You (through your attorney). Where: Send a written demand package to the at-fault driver’s liability insurer (and to your UM/UIM carrier if applicable). What: A cover letter and exhibits: crash details, liability proof, medical records/bills, mental health treatment records, wage/loss verification, receipts (deductible, rental/replacement), and a settlement figure. When: Aim to send once treatment stabilizes or you have a solid prognosis, well before the three-year limitations deadline.
2. Insurer review and negotiation typically take a few weeks; many carriers respond in 30 days, but timing varies by adjuster and county practices.
3. If negotiations stall, file a civil complaint in the appropriate North Carolina trial court before the deadline; continue negotiations during litigation if beneficial.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you are found even slightly at fault; your demand should address liability clearly.
• Pre-existing conditions are compensable if aggravated by the crash, but you must document the change from your baseline.
• Gaps in treatment or limited mental health documentation weaken emotional distress claims; keep consistent care and records.
• UM/UIM claims often require prompt notice and the UIM carrier’s written consent before settling with the liability insurer—coordinate before you sign releases.
• If a crash involves a death, different rules apply under North Carolina’s wrongful death statute, and a personal representative must bring the claim.

Talk to a Personal Injury Attorney

If you're dealing with a crash-related claim and want to include anxiety and emotional distress in your demand, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.