Claiming For Emotional Distress Damages After a Car Accident

Being involved in a car accident leaves most people understandably rattled and shocked for some time, even in instances of minor collisions. However, there are times when the emotional impacts of the accident are far more devastating than a bit of shock, as some car accident victims suffer post-traumatic stress disorder and even clinical depression.

Claiming compensation for the damages to your vehicle and any physical injuries is the general standard for car accident cases. However, when you need to claim for emotional distress, things can get a bit tricky. To prove emotional distress damages, you will need to verify that the impacts of the accident have left you with mental scarring that has a definite and negative impact on your day-to-day life. To help you claim for emotional distress damages, we have listed a few expert tips.

Hire An Accident Lawyer

Self-representation is not wise when claiming emotional distress. Unfortunately, your fragile emotional state will leave you at risk of putting your own claim in jeopardy. Instead of putting yourself through any more stress, you should hire a car accident lawyer in Fort Lauderdale or your local area. An expert legal practitioner will know how to handle your claim. In addition, because you can include your legal fees in your compensation claim as a cost that occurred directly from the accident, it is best to hire a lawyer to ensure you receive fair compensation.

Evidence Of Emotional Distress

The evidence you will need to prove emotional distress will be all the evidence of the accident and any witness testimonies you can collect. You should also provide your own testimony of emotional turmoil. This can be in the form of a logbook that details your everyday struggle, flashbacks of the accident, inability to sleep, and any other symptoms you might be experiencing. You can also include testimonies from your friends and family.

Proof Of Therapy

Just as you would provide medical records to prove any physical injuries sustained in the accident, you should also provide proof of therapy for your emotional distress. A professional therapist will help you come to terms with the accident, while you should also consult a doctor to diagnose potential PTSD from the accident, anxiety, or depression. Your doctor and your therapist will work together to form a conclusion, and this conclusion will strengthen your emotional distress damages claim.

The Absence of Physical Injuries

In some cases, victims of car accidents are not physically injured during the collision, although they are left with emotional distress. Even if you have not endured physical injuries, you are still legally entitled to claim emotional distress damages to cover your therapy bills and your pain and suffering from the incident. Your lawyer will be able to value the worth of your case by evaluating your evidence and the severity of your emotional distress claim. Without a legal representative, it is often challenging to calculate the value of emotional distress claims.

Author: Brandon Park