Harassment doesn’t always show up as loud confrontations or threats; it can be as quiet as a ringing phone that won’t stop. If you’ve been injured in an accident and find yourself receiving harassing phone calls from the other party or their insurer pressuring you while you recover, it may be time to take legal action. Harassment by repeated calls in personal injury claims is not just about peace of mind; it’s about securing justice and fair compensation for the emotional distress and the harm these calls may cause.
This article breaks down what counts as harassment, how it plays into a personal injury case, and how you can gather evidence to prove it. Whether you’re already pursuing a personal injury lawsuit or preparing to file one, understanding your rights is the first step towards justice.
What Is Harassment by Repeated Calls?
Harassment by phone refers to a pattern of unsolicited calls, voice messages, or text messages meant to intimidate, confuse, or manipulate the injured party. In legal terms, this behavior may violate the Telephone Consumer Protection Act (TCPA), a federal law enforced by the Federal Trade Commission (FTC) that prohibits certain types of unsolicited calls and text messages.
In a personal injury claim, this harassment can come from:
- Insurance company representatives who pressure you to settle
- Defendants or related parties who attempt to shift blame
Such behavior can severely impact an injured party’s recovery, especially when the harassment leads to anxiety, fear, or emotional distress. To prove the calls amount to harassment in a personal injury lawsuit, you must show the frequency, content, and intent behind the communications.
How Harassing Calls Impact a Personal Injury Case
In many personal injury claims, harassment plays a secondary but crucial role. It adds another layer of harm caused by the defendant’s actions, and may reflect the defendant’s negligence in continuing unwanted contact despite your efforts to say “stop calling.”
Here’s how it fits legally:
- Harassing behavior may contribute to emotional distress, which is a recognized damage type in personal injury lawsuits.
- Repeated and unwanted phone calls may qualify as actual harm, especially if they aggravate an existing condition or disrupt your ability to recover.
- The defendant’s actions, if reckless or persistent, may show a lack of reasonable care, one of the key elements in proving negligence.
For example, a car accident victim who receives dozens of unsolicited calls from the at-fault driver’s insurance company despite requesting communication in writing only may experience increased anxiety and sleep loss. This emotional distress becomes part of the plaintiff’s injury claim and can be supported with documentation such as call logs, therapist notes, and witness statements.
The Legal Standards for Harassment: TCPA and State Laws
The Telephone Consumer Protection Act (47 U.S. Code § 227) states that no person or entity may make repeated or automated calls to another party without consent. This includes robocalls, telemarketing, and even certain follow-ups from insurers or medical providers. Violations of the TCPA can support additional legal claims when coupled with a personal injury case.
Key highlights from the TCPA:
- Prohibits calls to mobile phones without prior express consent
- Bans the use of automated dialing systems for unsolicited calls
- Applies to unsolicited text messages and prerecorded voice messages
- Allows victims to sue for statutory damages per call or message
In addition to federal law, state laws often provide stronger protections. If these actions occur after an accident, they may directly tie back to the incident caused by someone else’s negligence, increasing the value of your injury claim. Harassment during recovery not only adds to your emotional burden but also complicates the whole process of securing justice, highlighting the need to account for every form of harm in your personal injury case.
Gathering Strong Evidence of Harassing Behavior
To succeed in proving harassment by repeated calls in a personal injury lawsuit, you must gather evidence that clearly shows the defendant or an associated party engaged in repeated, unwanted communication that caused distress.
Essential forms of strong evidence include:
- Call logs showing frequency and timestamps
- Recorded voicemail messages or saved text messages
- Screenshots of unsolicited calls or threats
- Medical records indicating worsened mental health
- Witness statements from those who observed your distress
- Letters or emails demanding the other party to stop
Always maintain a written or digital log of every interaction. This information can help your personal injury lawyer present evidence that the phone calls contributed to harm beyond physical injuries, which supports your right to secure compensation for your emotional suffering.
The Role of Harassment in Proving Negligence and Emotional Distress
In a personal injury case, the burden of proof lies with the plaintiff to show that:
- The defendant owed a duty of reasonable care
- The defendant’s negligence breached that duty
- The harassment was a proximate cause of emotional or financial harm
- The harassment caused actual harm, such as sleeplessness, anxiety, or lost income
This connection between harassing phone calls and emotional distress can enhance your demand for monetary compensation, particularly when combined with other elements like lost wages, medical expenses, and property damage, which can be backed by the accident reports and evidence collected from the accident scene.
For instance, if the injured party could not return to work due to stress induced by the calls, this may justify a claim for additional damages under financial loss. Legal teams often include expert witnesses, such as mental health professionals, to verify these claims in court.
Sending a Demand Letter and Taking Legal Action
Once you’ve documented the harassment, your attorney may send a demand letter to the party responsible.
This letter:
- Asks the other party to cease communications immediately
- Requests compensation for the harm caused
- Warns of impending legal action if the behavior continues
If the defendant refuses to comply and act in a reasonable manner, your lawyer may file a separate count for harassment under TCPA violations within your personal injury lawsuit. In some cases, courts may award court costs, legal fees, and additional penalties if the harassment clearly caused suffering beyond the initial injury.
Statute of Limitations and Timing Considerations
Timing is everything in a personal injury claim, and harassment is no exception. Most states have a statute of limitations, which limits how long you have to file a lawsuit. For personal injury cases, this often ranges from one to three years from the date of the incident or from when the injured party discovered the harm.
For example, in Colorado, the statute of limitations for most personal injury claims is two years from the date of the injury (Colo. Rev. Stat. § 13-80-102). Failing to act within this window can bar you from recovering compensation.
Incorporating harassing behavior into your case must happen within this timeframe. That’s why victims should ensure all parts of the claim, including harassment, are filed on time and according to legal standards.
Protecting Your Peace and Rights
No one deserves to suffer in silence after an accident, especially not due to ongoing harassing behavior. Proving harassment by repeated calls in personal injury claims allows victims to hold the defendant accountable not just for the original harm, but for the continued emotional strain that follows.
If you’ve experienced repeated, unsolicited calls, messages, or intimidation tactics after a car accident or injury caused by someone else’s negligence, you may have more than just a standard injury claim; you may have grounds for additional damages.
At Bourassa Law Group, we understand how complex and emotionally exhausting these cases can be. Our law firm is here to walk you through the legal process, help you provide evidence, and ensure you’re fully compensated for all forms of harm, physical, emotional, and financial. Contact us today for a free consultation and let us help you find peace, justice, and clarity.
1-800-870-8910