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Can you sue for emotional distress after a car accident?

On Behalf of | Mar 18, 2024 | Personal Injury

In the aftermath of a severe car accident, people focus on physical injuries and damage to vehicles, often forgetting about intangible effects that could be just as debilitating, such as emotional and psychological distress. 

Long after the physical wounds heal and the initial shock finally subsides, many people find themselves struggling with anxiety, depression, or even post-traumatic stress. This raises an important question: Can the survivors of car accidents seek compensation for the psychological impact of a car accident?  

Pain and suffering   

Under the law, victims can seek compensation for emotional distress or mental harm through their personal injury claim under the category of non-economic damages.   

This claim aims to cover losses that do not have a direct financial impact but significantly affect one’s quality of life. However, to have a valid claim, survivors must demonstrate that the distress is more than fleeting, medically significant and a direct cause of the accident. 

To build a strong case for compensation based on emotional distress, victims must have proper documentation. This may include a journal outlining details of their emotional state, therapy sessions and how their mental state affects their day-to-day functionalities. Furthermore, families, friends and co-workers can serve as witnesses who can attest to the changes in your emotional well-being after the accident. 

Seeking help

Navigating the aftermath of a traumatic car accident can be an overwhelming experience, especially when dealing with significant emotional distress. 

Consulting with an attorney specializing in car accident cases can be particularly helpful as they can guide victims through gathering the necessary evidence to bolster their claims. With a skilled lawyer’s assistance, survivors who cannot advocate for themselves can ensure they have compelling representation and boost their chances of receiving proper compensation. 

Dealing with the impact of a severe accident can be emotionally draining. However, with the proper documentation and a strong network of support, victims of a car crash can secure the compensation they deserve and continue their journey toward recovery.