Can You Sue for Emotional Distress After a Car Accident?
After a car accident, many people focus on the physical injuries they sustained, such as broken bones, traumatic head injuries, and more. Unfortunately, not all injuries after a crash are as visible as these. Car accidents are often very traumatic events, and many victims suffer emotional distress afterward. Although emotional distress is not as evident as physical injuries after an accident, it can be life-changing for accident victims, impacting their ability to sleep, drive, and work.
Understanding Emotional Distress in Personal Injury Lawsuits
In personal injury lawsuits, emotional distress refers to the emotional and mental suffering a person experiences after being involved in a traumatic event, such as a car crash. Emotional distress can include depression, anxiety, insomnia, fear, and post-traumatic stress disorder (PTSD). Emotional distress is far more than the irritation or sadness one feels after a car accident. Instead, it is severe and enduring.
Legally speaking, emotional distress falls into the category of non-economic damages, which include losses that do not have a concrete dollar value. Non-economic damages, such as those for emotional distress, compensate accident victims for the mental anguish they experienced due to the crash. When emotional distress is a result of a car accident you did not cause, you would not have suffered it otherwise, and the law recognizes that you deserve compensation for it.
Common Signs of Emotional Distress After a Car Crash
Everyone responds to trauma differently, and as such, people can often show emotional distress in a number of ways. If you have been hurt and are unsure of whether you are experiencing emotional distress, there are some common signs to look for. These include:
- Difficulty falling asleep or staying asleep
- Nightmares
- Nervousness, persistent anxiety, or a feeling of dread
- Panic attacks triggered by events that evoke memories of the crash, such as driving by the same location
- Physical symptoms such as fatigue, headaches, or stomach problems
- Loss of interest in relationships, daily activities, and other things you enjoyed
If you are experiencing any of the above signs of emotional distress, or the accident has caused your preexisting mental health concerns to become worse, it is critical that you seek medical treatment. This may be a mental health professional, your primary care doctor, or the doctor who immediately treats your injuries, such as an emergency room doctor. Documenting these injuries in your medical records is critical when pursuing compensation for this injury.
Proving Emotional Distress After a Car Accident
It is possible to sue for emotional distress after a car accident. When filing your claim, you will have to prove several elements of the injury, including:
- Duration: Again, the shock and stress you feel immediately following an accident do not qualify as emotional distress. You must prove that you have ongoing symptoms such as depression, anxiety, or a fear of driving.
- Severity: The more serious the car accident, the more likely it is that it will result in emotional distress. If your symptoms include physical manifestations such as gastrointestinal issues or chronic headaches, it may be easier to prove emotional distress. If your symptoms are debilitating, such as severe anxiety or panic attacks, this can also strengthen your claim.
- Cost of medical treatment: Written evaluations or testimony from a therapist, psychiatrist, or medical doctor can prove your emotional distress while also proving the cost of treatment.
It is important to speak to a Baton Rouge car accident lawyer as soon as possible after any crash. An attorney can advise on the evidence that can prove your claim and ensure it is filed within the two-year statute of limitations imposed by state law.
Does Louisiana Have an Impact Rule?
Some states, such as Florida, have an impact rule that prohibits accident victims from filing a lawsuit for emotional distress when they did not also suffer a physical injury associated with the mental anguish. Louisiana does not have an impact rule, and you can file a lawsuit to recover these damages even if you were not physically injured. Still, sustaining a physical injury along with emotional distress can make it easier to prove your case.
Our Car Accident Lawyer in Baton Rouge Can Prove Your Case
Emotional distress is very common after a car accident, but obtaining the damages you deserve is not always easy. At Big River Trial Attorneys, our Baton Rouge car accident lawyer can help you gather the evidence you need to strengthen your claim, ensure it is filed on time, and give you the best chance of a favorable outcome. Call us now at (225) 963-9638 or fill out our online form to request a consultation with one of our experienced attorneys today.
