When you think of car accident injuries, you probably think of whiplash, concussions, and broken bones. Although physical injuries are often the focus of car accident-related claims, emotional distress is just as damaging.
If you’re suffering from anxiety and emotional distress after a car accident, you may be entitled to compensation for these non-physical injuries. In this article, our Summerlin, Nevada car accident attorneys will walk you through what you need to know about filing a claim for emotional distress.
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Understanding Emotional Distress After a Car Accident
After a car accident, it’s common to experience emotional and psychological symptoms. They can range from mild anxiety and fear of driving again to more severe conditions like PTSD. While these conditions may not be as visible as broken bones or cuts, they can cut into your quality of life.
For instance, after a car accident, you might experience constant anxiety when getting behind the wheel, even after your physical injuries have healed. This emotional distress is real, and it can make daily activities overwhelming. If you are unable to function normally because of your emotional and psychological state, take steps to address these damages in your claim.
Types of Emotional Distress Claims
When you file an emotional distress claim, there are typically two main types of damages you can claim:
Intentional Infliction of Emotional Distress (IIED)
This occurs when someone intentionally acts in a way that causes you emotional distress. For example, if another driver causes an accident due to deliberate attempts to harm you (such as ramming into you due to road rage), you may be able to claim IIED. This kind of claim is harder to prove, as it requires showing that the other driver’s conduct was outrageous or extreme and intentional or reckless.
Negligent Infliction of Emotional Distress (NIED)
This claim is filed far more often. It constitutes emotional distress caused by the negligence of another driver. If the accident was caused because of carelessness (such as texting while driving or running a red light), you can file a claim for NIED.
Proving Emotional Distress in Your Claim
One of the challenges of filing a claim for emotional distress after a car accident is proving that the distress is real and directly caused by the accident. Because emotional injuries are not often visible, insurance companies often try to dismiss or downplay them. Here’s how you can strengthen your claim:
Medical Records
The most important piece of evidence is a record from a mental health professional. A doctor, therapist, or psychiatrist can evaluate your emotional state and provide documentation that connects your anxiety, depression, or PTSD to the accident.
Personal Testimony
Document how the accident has affected your daily life, including relationships, work, and your social life. This personal account shows the consistent impact of your emotional turmoil.
Witness Testimony
If others have witnessed your emotional distress, their statements can help substantiate your claim. This could include coworkers, family members, or friends who have seen how the accident has affected you emotionally. For example, maybe you are typically an extrovert who loves to go out, but since the accident, you can barely leave your room without spinning into a panic.
The Role of an Attorney in Your Claim
While it’s possible to file an emotional distress claim on your own, it’s highly recommended to work with an experienced personal injury attorney, especially when filing for non-physical injuries like anxiety or PTSD. Otherwise, insurance companies may try to undervalue your emotional distress.
An attorney will:
- Help you understand the value of your emotional distress claim and how to present it.
- Work with medical professionals to compile evidence of your emotional injuries.
- Negotiate with insurance companies to ensure you receive the maximum payout.
Compensation for Emotional Distress
The compensation you receive for emotional distress can vary widely depending on the specifics of your case. This includes the severity of your emotional injuries, the length of your recovery, and the impact it has had on your life. While each case is unique, compensation may cover:
- Medical bills for treatment related to your emotional distress.
- Lost wages, if you are/were unable to work due to your anxiety or PTSD.
- Pain and suffering (non-economic damages for the emotional toll the accident has taken on your life).
- Future costs of ongoing therapy or treatment.
You could even pursue punitive damages in cases where the offender was grossly negligent or malicious. These damages are intended to deter the individual and others from engaging in similar behavior.
Act Quickly
In Nevada, there is a statute of limitations for filing car accident claims. The clock starts ticking from the date of the accident and ends two years after the event. Don’t wait too long to file, or you’ll risk losing your right to seek compensation.
Your Rights Matter
If you’re experiencing anxiety, depression, or PTSD after a car accident, your emotional well-being is just as important as your physical health. Learn which type of claim to file, gather witness testimonies and other evidence to support your claim, and document your condition. Find a car accident injury attorney to help you at every step.
You don’t have to face the aftermath of the car crash alone. Tingey Injury Law Firm stands ready to lend our 50 years of experience so you can focus on your recovery and leave the legal fight to us.
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Infographic
Emotional distress after a car accident, like anxiety, PTSD, or fear of driving, can deeply impact daily life. It’s often overlooked but may qualify for compensation. This infographic shares key tips for claiming emotional damages after a crash.
