Suing For Emotional Distress After Car Accident
Posted June 10th, 2021 by Anthony Carbone.
Categories: Auto Accidents.
You will almost definitely experience emotional distress if you are injured in an accident or even if you witnessed the accident. Consulting with your attorney to prove your damages to obtain reimbursement for emotional distress is the only way to get justice. What exactly is emotional distress? How can you prove emotional distress? Here is what you need to know.
What is Emotional Distress and How Does it Affect You?
After an auto collision, victims will sue for both monetary and non-monetary damages, including medical costs, assistive technology, prescriptions, and lost earnings, as well as pain and suffering, which include:
- Anxiety and depression
- Loss of consortium
- Loss of companionship
- Reduced life quality
- Emotional trauma
- Physical limitations
A highly adverse emotional reaction arising from another’s behavior, about which you can seek damages, is the legal concept of emotional distress. For example, you may be afraid of driving a car, getting behind the wheel in bad weather, or even riding in a car driven by someone else.
Depression, remorse, panic attacks, suicidal thoughts, among other forms of emotional distress, can make it difficult for you to function during the day. Going to work, caring for your family, and taking care of yourself can become difficult.
If you are undergoing either of these types of emotional distress, you must speak with your provider about your symptoms and receive adequate care. Also, inform your North Bergen Personal Injury Attorney about these signs of emotional distress so that you can include these damages in your auto collision litigation claim.
Negligent vs. Intentional Cause of Emotional Trauma
Negligent vs. intentional perpetuation of emotional distress may be the basis for an emotional distress lawsuit. A claim for deliberate infliction of emotional distress is based on willful or extremely careless behavior. In such cases, the individual who causes the damage is almost aware that his/her actions will result in emotional distress.
A claim for negligent cause of emotional distress arises whenever the liable party does not intentionally cause damage, but their acts nevertheless cause serious harm. This is true in cases involving wrongful death, traffic crashes, and any other form of personal injury.
How to Prove Emotional Distress?
Suing for emotional distress after a car accident can be extremely challenging because it is not easy to quantify a dollar value against suffering and pain. Examine the aspects in which the accident has affected you emotionally. Anxiety, depression, fear, sleep deprivation, embarrassment, PTSD, and many other mental disorders are all forms of emotional distress.
Proving emotional distress can be very hard, unlike physical injuries. Nonetheless, with the help of an experienced attorney, you can prove emotional distress in the following ways:
- Use medical records by a certified provider to back up your emotional distress claims
- Keep journaling of your pain and suffering over time, your statements, as well as testimony from friends and family
- Supplement your evidence with additional information regarding the seriousness of the accident. Typically, these should include the severity and extent of physical injury, such as how the emotional distress affects your work, family care, or even school
Pursuing a successful compensation claim for emotional distress following a car accident necessitates a comprehensive understanding of the twists and turns of the legal system. If you or someone you know has emotional distress after a car accident, contact the Law Offices Of Anthony Carbone for expert legal counsel right away!