Being involved in a car accident can be traumatic even if you have not sustained severe physical injuries. If you witnessed somebody die or severely injured individuals being pulled from the cars involved in the crash, you could easily develop emotional stress and related disorders such as post-traumatic stress disorder and anxiety.
You could also be at risk of suffering psychological aftereffects depending on the nature of the collision. For instance, a car accident involving rollovers, multiple vehicles, or fires could have a severe psychological effect that may last for months or even years.
So, can you sue for emotional distress from a motor vehicle accident even if you didn’t sustain physical injuries? Let us find out.
Is Emotional Distress from a Car Accident Real?
Before we discuss whether you can sue for emotional distress from an auto accident or not, you need to know whether it is real or not. While car accidents are quite common, most of them are not fatal, which is good news.
However, the truth is that even minor accidents can result in severe emotional distress and mental anguish.
According to the National Highway Traffic Safety Administration, someone in the US becomes a car accident victim almost every ten seconds. These types of accidents can leave you with physical injuries, phobias of driving or traveling in a vehicle, and anxiety.
In some cases, victims are forced to deal with the mental anguish for the rest of their lives. A study conducted in 2018 revealed that approximately one in every five road accident survivors suffered from post-traumatic stress disorder.
Symptoms of Emotional Stress after a Car Accident
Most individuals who have been involved in car wrecks usually feel anxious the next time they drive or travel in a vehicle. Some of them may even experience nightmares about the accident. However, your psychological condition must be more than that if you want to seek compensation.
Typically, you need a comprehensive medical diagnosis of the condition and treatment. For instance, some of the symptoms of post-traumatic stress disorder include:
- Being hyper-vigilance.
- Experiencing recurring intrusive flashbacks.
- Exaggerated startle response.
- Disruption of your ability to work.
- Feeling estranged from others.
- Depression and feelings of bitterness.
- Frustration and feeling helpless.
In some cases, physical problems such as body aches, fatigue, and high blood pressure may accompany your PTSD.
What Should I Do If I’m Suffering from Emotional Distress After a Car Accident?
If you suspect that you are suffering from emotional distress after a car accident, make sure you get examined immediately. In such cases, time may be of essence because the sooner you get proper medical treatment, the sooner you start the recovery process.
You should also request comprehensive diagnostic testing, including that for emotional distress.
With a proper diagnosis, your doctor will be able to tell if your physical injury is only part of a larger constellation of other injuries to your internal organs. He/she will also determine if you need psychological or psychiatric treatment.
You should also start documenting the evidence early to avoid future problems when you file a claim. Take note of your medical treatment history and any other unusual symptoms you experience.
Even if it comes out as minor emotional distress, you will have the evidence you need to demand appropriate compensation.
Keep in mind that an insurance company can easily deny your claim and refuse to pay your medical expenses if there is a significant gap of time in your reports.
Don’t try to “stay strong” and assume that everything is fine. The slight trauma and distress that you are experiencing might be a symptom of a far serious injury. Some individuals have committed suicide because they could not deal with the pain and agony they are forced to endure after neglecting the early signs.
You should also consider speaking to an experienced personal injury attorney who has helped individuals suffering from emotional distress after a car accident. The attorney will assess your case and advise you accordingly.
Can I Sue for Emotional Distress Even If I Didn’t Sustain Physical injuries?
The short answer to this question is “yes.” As long as you feel that the car accident affected you emotionally, you can sue for compensation.
From a legal perspective, your ability to receive compensation for emotional distress will greatly hinge upon your personal injury attorney to demonstrate the negative effect that the accident had on your daily life.
The lawyer must be able to come up with a strong argument for liability and present a strong case before the court. This will largely depend on the evidence he/she managed to gather, including the symptoms that were directly caused by the crash.
Providing Evidence of Your Emotional Distress
To win your emotional distress claim, you must convince the court that you deserve compensation for your pain and suffering.
Therefore, you need to give specific examples of what caused your emotional distress and how it has affected your daily life. You must also explain how the condition has affected your family.
As long as you can provide concrete evidence, the court will award you the full compensation you deserve. Some of the pieces of evidence you can provide include:
- Letters from your loved ones, employers, friends, and other people telling you how they have witnessed your emotional distress since the time you were involved in the crash.
- Prescriptions: Make sure you keep a list of all medications prescribed by a physician for anxiety, depression, and other psychological symptoms.
- Mental health narratives from psychologists, counselors, or your family physician. These medical experts can write professional observations of your mental and emotional state that you can use as evidence in your case.
Speak to an Experienced Car Accident Attorney!
If you were injured physically or emotionally in a car accident, you need to speak to an experienced motor vehicle accident attorney as soon as possible. The attorney will assess your situation, gather evidence, and represent you in court or negotiate with your insurance company on your behalf to ensure you get your rightful compensation.
Contact us today and let us help you fight every step of the way for the full value of your claim. We are here to help you 24 hours a day, seven days a week.
