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It’s well known that car accidents can leave behind physical injuries. What is lesser known is that these traumatic events can cause emotional distress for injury victims.
Whether you sustained minor injuries that will heal or your injuries have altered your life, you can recover damages for emotional distress in the aftermath of a car crash.
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What Is Emotional Distress?
Often called mental anguish, emotional distress describes the psychological impact that an accident like this can have on your well-being. Emotional distress manifests in different ways for different people. It can present itself as anxiety, fear, depression, and sleep disturbances, to name a few. It can affect your enjoyment of life in the days, weeks, and years following your accident.
How Can You Recover Damages for Emotional Distress After a Car Accident?
Emotional distress is challenging to prove in a car accident claim. You will need to show that the suffering you’ve endured was a direct result of the negligence of the at-fault party. It’s not enough to just experience distress after a crash — a clear link must be established.
Therefore, negligence must be proven to have existed in these circumstances. If you can prove that the other driver’s negligent behavior, such as driving under the influence or texting while driving, led to the accident that caused you these emotions, it may be possible to recover compensation.
Additionally, there may be intentional harm or recklessness involved from the other driver. This is a rarer circumstance, usually due to an individual exhibiting outrageous acts. Common examples of this type of behavior include road rage and aggressive driving.
Proving the Impacts of Emotional Distress
As mentioned, it’s not enough to state that you have been traumatized by these events. You must prove that it has had an impact on your daily life. Documenting your panic attacks and sleep disturbances and keeping records of therapy sessions are just a few examples of evidence to help you recover compensation for emotional distress.
While these psychological impacts can be related to your physical injuries, you can still pursue emotional distress damages even if you were not physically injured in the wreck. Again, the effects it had on your life must be documented to prove your case.
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How Can an Attorney Help Recover Damages for Emotional Distress in Car Accident Cases?
Car accidents are scary and stressful, whether you are physically injured or not. It may be more difficult for you to focus following your accident. It’s also difficult to navigate the legal process if you’ve never done so before.
With a car accident attorney, you will have someone to advocate for your legal rights and help you stand up to the insurance companies. When you’re experiencing emotional distress for any reason, your mental health should take top priority. Letting a lawyer handle the legal aspects while you get the help you need will benefit you most. You can learn more here.