Can you claim for emotional distress after a car accident?

In certain circumstances, you can claim emotional distress after a car accident and seek compensation from the responsible parties. To do so, you must meet certain criteria and provide solid evidence of your emotional suffering. An Orlando car accident lawyer at DWK Law can walk you through what you may be able to recover and help you build the strongest case possible.

What counts as emotional distress after a car accident?

In a personal injury claim, emotional distress covers a range of psychological conditions, including anxiety, depression, panic attacks, post-traumatic stress disorder (PTSD), and mental anguish. Intentional infliction of emotional distress (IIED) is a separate legal claim that may apply when someone intentionally or recklessly causes severe emotional distress through extreme and outrageous conduct.

Everyone’s experience will be different, but the key factor is how much the car accident affected your life beyond the physical injury. Your car accident lawyer can use medical records and other material that support your claim to show how you are struggling to return to your previous activities and employment.

Do you need a physical injury to claim emotional distress?

Generally, yes. Under the Florida impact rule, emotional distress damages caused by negligence generally must flow from physical injuries sustained in an impact. In a car accident case, the impact is usually the collision itself. It does not mean you must have had direct physical contact with the at-fault driver. Florida law also generally limits recovery for pain, suffering, mental anguish, and inconvenience to injuries that meet certain statutory thresholds. This may include permanent injury, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death.

If you go to the ER after a car accident, you can establish a paper trail detailing your injuries that links them to the crash. There are some exceptions, such as in a wrongful death, but your car accident attorney can determine whether you have the right to seek compensation for emotional distress.

How do you prove emotional distress in a personal injury claim?

Unlike economic damages in a car accident claim, which come with specific values from receipts and invoices, emotional distress is more difficult to prove. You will need strong evidence from authoritative sources, such as:

• Medical scans, doctors’ notes, and other treatment records
• Treatment notes and prescriptions from your psychologist or psychiatrist
• Testimony from mental health professionals regarding your diagnosis and care
• Your daily personal journals describing your depression, anxiety, panic attacks, and the overall effect on your daily living.
• Statements and testimony from friends and family members about the impact on your mental health and well-being

Your car accident attorney can help you collect and prepare this material for insurance negotiations and to present in court if your case goes to trial. 

What types of compensation are available for emotional distress?

After a car accident, you may be able to claim economic and non-economic damages for compensation. Calculating economic damages often starts with simple math: adding up your bills and receipts for property damage, medical expenses, lost income, and other losses. Some future costs may require a closer look.

For non-economic damages, there is no fixed formula. Their value depends on the evidence and how the accident has affected your daily life.

For emotional distress, you can include the value for the psychological impact, but your economic damages can also include the cost of your prescriptions, specialist visits, and other treatments used to help you recover from mental anguish. 

How do insurance companies evaluate emotional distress claims?

Insurance companies will examine multiple factors to assess what your emotional distress claim is worth. Representatives often look for the following:

• Are you getting professional care? Your treatment records and diagnoses show that your emotional distress is real and connected to the accident.
• Are you having physical symptoms? If you also have documented physical conditions tied to your emotional distress, this can strengthen your case. These may include insomnia, loss of appetite and weight loss, ulcers, or panic attacks.
• Are you recording your experiences? Your personal pain journal can support your statements about how the emotional distress impacts your daily life and work.
• Are your treatments consistent? Insurance adjusters want to see that you’re maintaining treatment for the issues you claim, demonstrating that your emotional distress is valid and credible.

You can also expect insurers to examine your social media history to verify that you’re not engaging in activities you claim you can’t. To avoid accidentally damaging your case, you can ask your car accident lawyer to manage the settlement negotiations for you. 

When does emotional distress become a stronger part of your case?

Emotional distress may be a stronger part of your claim when you suffer serious enough issues that you can no longer work or care for yourself. If severe PTSD related to the accident prevents you from working, you may need compensation to account for the significant reduction in your income while you undergo treatment. 

While it’s uncommon, if your pain and suffering claim amount surpasses your economic damage demands, you still have the right to seek financial recovery for those losses. When a negligent driver impacts your life so tremendously, you deserve the resources that can help you try to get your life back in order. 

Speak with an Orlando car accident lawyer about your emotional distress claim

A car accident doesn’t just leave physical damage behind. The anxiety and uncertainty that follow can be just as disruptive to your life. While you may know that you can seek compensation for your medical bills and lost wages, you may be unsure if you can claim emotional distress after a car accident.

At Dellecker, Wilson, King, McKenna, Ruffier & Sos, we will fight for what you deserve when you contact us online for a free consultation. Call (407) 244-3000 today to meet with an Orlando car accident lawyer.