Can You Recover Damages for Emotional Distress Caused by a Car Accident?

What is the Definition of Emotional Distress Caused By a Car Accident?

A car accident can have devastating effects, such as life-long injuries and extended pain and suffering. The aftermath can also be characterized by emotional distress, which can take many forms, including the following:

  • PTSD: Post-traumatic stress disorder can present as flashbacks about the accident, where triggers send the victim back to that time, forcing them to go through it again. It may cause panic attacks, mood swings, detachment from others or the surroundings, or suicidal thoughts that make it hard to live through the day.
  • Anxiety: Tension, worry, and being upset over seemingly ordinary issues can be consequences of developing anxiety after a car accident.
  • Depression: Emotional distress can also present itself as depression, a debilitating feeling that snuffs out all motivation to live. Victims of car accidents often feel like the injuries changed the course of their lives for the worse, and they may never recover.

Unfortunately, many car accident victims have to endure emotional distress after a car accident without receiving any compensation or the care they need because they didn’t recognize the signs early enough. If you suffer any of the above symptoms following a car accident, let skilled personal injury lawyers in Georgia know. They can help you seek the treatment and financial settlement you deserve.

Can I Sue for Emotional Distress After a Car Accident?

You can sue for many types of damages after a car accident. In their broad categorization, damages are classified into economic and non-economic damages. Economic damages are the losses to which you can attach a monetary value, such as medical expenses, medication, surgery costs, lost wages, and loss of future earning capacity.

Non-economic damages are the losses you suffer, but you can’t attach a monetary value. They include:

  • Loss of consortium
  • Pain and suffering
  • Loss of association
  • Emotional distress
  • Mental anguish
  • Disfigurement
  • Loss of enjoyment of life

However, your ability to receive compensation for emotional distress and other non-economic damages depends on the ability of your car accident attorney to demonstrate the negative impact of the accident on your daily life. So, go for a legal team that can develop a solid legal liability argument that proves the accident was the direct cause of your symptoms.

How Can I Prove Emotional Distress in a Lawsuit?

To have a valid emotional distress claim, you must prove a few crucial factors:

  • The distress is more than just a passing feeling
  • The defendant’s action was the cause of your distress
  • The distress has medically been proven and is significant

You may also be required to prove physical injuries, which is not difficult to do in most cases. Your personal injury attorney can help you gather relevant evidence and documentation to prove these factors.

Video records and photos of the accident scene and your injuries, proof of lost wages, a police accident report, and medical records are crucial for your potential case. Also, keep a journal about your mental and emotional health during recovery. It could be used as evidence.

The Role of a Professional Healthcare Provider in Proving Emotional Distress

You must provide evidence from a doctor that you suffered emotional turmoil after a car accident. The doctor’s report must include a confirmed diagnosis of one form of manifestation of emotional distress, such as PTSD, an anxiety disorder, or depression.

The report will specifically need to show the extent of your emotional distress. Some factors that contribute to proving emotional distress and which can affect the amount of damages you can recover include:

  • The intensity of the symptoms: Inability to get into a car out of fear of another accident, inability to sleep, and other signs of severe stress can help show that you deserve compensation.
  • The duration you have endured it: The medical report can show how long you have had the symptoms and how long they might last.
  • Related bodily harm: You may have sustained physical injuries or manifestations of psychological harm, such as burns, lacerations, broken limbs, severe headaches, or ulcers.
  • The underlying cause of the pain: It is paramount that the doctor’s report demonstrates that the distress is a result of the accident and did not exist before then.
  • The medical diagnosis of the psychological symptoms: The doctor should explain the psychological signs you present that indicate you have emotional distress.
  • The impact on your life: Has the distress reduced the quality of your life, such as making you afraid to travel or participate in activities you previously enjoyed? This information can be crucial in proving emotional distress to help you pursue your deserved compensation.

How Much Compensation Can I Claim for Emotional Distress After a Car Accident?

How much you can receive as compensation for emotional distress after an accident depends on the insurance policy of the liable party. It also takes the skill of a top car accident attorney to argue the cause and impact of the distress on your life. However, the settlement amount may be based on the following:

  • The cost of treatment for psychiatric ailments
  • Lost wages due to distress
  • Loss of quality of life
  • Emotional anguish

An Experienced Personal Injury Attorney Helping You Pursue Emotional Distress Damages

If you got into an accident caused by the negligence of another party, you deserve compensation for the losses incurred, including emotional distress. Pursuing compensation can be complex, as many elements must be tied together to prove your case. Our skilled Cumming car accident firm knows how the system works and can help you win your case.

The Meeks Impact Law team is dedicated to assisting Georgia car accident victims with the legal aspects of their emotional distress claim so they can focus on what matters most- healing and recovery. We understand the financial, emotional, legal, and medical complexities of car crashes and want to help you get the compensation you deserve. Call us at 678-341-5212 for a FREE consultation.

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