Can You Sue for Emotional Distress After an Accident?

May 04,2018

When you are hurt in a car accident, your wounds might not always be purely physical. Many people suffer from emotional trauma after a serious auto accident. You might have developed anxiety or depression, and even a fear of getting behind the wheel.

You might not think these problems are as serious as your physical injuries, but in some cases they certainly can be. Sometimes emotional trauma lasts far longer than pain from physical injuries.

Proving Emotional Distress

Emotional distress falls under the umbrella of general damages. These are damages that cannot be objectively calculated the way special damages—such as medical bills or lost wages—can. They are more subjective and can vary greatly depending on a variety of factors.

In order to prove your emotional distress was the result of the accident, you will have to show that the at-fault party caused you some form of mental harm. This might be in the form of a diagnosis such as anxiety or depression. It could also be effects that are less clinical, such as insomnia, mental anguish, stress or terror.

You will have to provide evidence of your emotional distress in order to convince the insurance company or a jury that it is significantly affecting your life.

Evidence of emotional distress might include the following:

Medical records
Medication prescribed for emotional trauma
Your statement
Letters or testimony from loved ones who have witnessed your emotional distress
Testimony from a mental health professional
Documentation of the severity of the accident and your physical injuries

Emotional distress following an accident is a very real issue that can affect your life for a long time following the incident. Speak with your personal injury attorney about the ways emotional distress is affecting your life. Your attorney will be able to help you claim damages for the emotional suffering you have endured.

“Our firm is committed to fighting for fair compensation for our clients. Oftentimes that includes damages for emotional distress and other mental trauma,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today or a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.