car accident
Halt | July 6, 2022 | 0 Comments

Can You Sue for Emotional Distress After a Car Accident?

You might have heard that if you get injured in a car accident, you can sue the person responsible for your emotional distress. That’s probably referring to physical, psychological stress, and suffering that comes as a result of the accident. This is not, however, what most people would consider emotional distress. The legal term actually refers to mental anguish and non-emotional pain or anguish caused by an injury or loss. The difference between these two forms of emotional distress is important for understanding how to file a lawsuit after an accident.

You might have heard that if you get injured in a car accident, you can sue the person responsible for your emotional distress. That’s probably referring to physical, psychological stress, and suffering that comes as a result of the accident. This is not, however, what most people would consider emotional distress. The legal term actually refers to mental anguish and non-emotional pain or anguish caused by an injury or loss. The difference between these two forms of emotional distress is important for understanding how to file a lawsuit after an accident.

What Is Emotional Distress?

Emotional Distress

Emotional distress is a legal term for mental suffering or anguish which does not include physical symptoms. It is not a specific injury but a general term for the result of having been injured. Emotional distress can be divided into two categories: injury to feelings and mental suffering. Injury to feelings refers to the hurt that you might feel after an accident, such as anger at the driver who caused your injuries. Mental suffering refers to more serious damage, like depression or anxiety. Even if you do not suffer any physical injury, you can still sue for emotional distress caused by an accident. For example, if you were in a car accident and your friend was killed, and your injuries are manageable, you could bring a lawsuit against the driver who caused your friend’s death. You might also seek psychological help as a result of witnessing what happened to your friend. This can be claiming emotional distress after an accident or filing a lawsuit against the person responsible for your friend’s death.

Potential Compensation For Emotional Distress:

Emotional distress is not an actual physical injury, so you can’t expect the same compensation. This type of injury is usually handled on a case-by-case basis. Some damages, however, are more common than others. One of the most common damages awarded in an emotional distress lawsuit is money to cover medical expenses resulting from your treatment for emotional distress. Another common award is money to cover therapy sessions and treatment for depression or anxiety that resulted from the accident. If the accident causes you to experience severe stress that interferes with your life, you can also seek compensation for lost income, such as the amount of time you need to take off from work.

Can You Sue For Emotional Distress After A Car Accident?

Car accident

Most states do not recognize emotional distress as an actual injury. This means that you don’t have to prove that you suffered from physical symptoms as a result of support for an accident. The rules for emotional distress vary depending on the state, but the following requirements are usually necessary to file a lawsuit against someone whose negligence caused your distress. You need to have suffered emotional distress and not received any recovery from a case of physical injury. You will almost never be able to receive monetary compensation for injuries that don’t result in any physical pain or suffering. You have been injured (or at least suffer physical symptoms) as a result of an accident, not some other condition that people consider similar.

How Do You Prove Emotional Distress?

Workers Compensation

Proving emotional distress is a lot different than proving physical injury, so it can be relatively complicated to prove someone else’s negligence. To prove your case, you will have to show that your emotional distress is the result of another person’s actions or negligence. Proof that the car accident was caused by another person would include an admission by the suspect and evidence of their recklessness or misdeeds. This usually means that you need proof that they did something to cause the accident or considered it a possibility before they got behind the wheel. Evidence that they were distracted or reckless also helps to prove that they caused the accident.

Conclusion:

If you were injured in an accident that you believe was the result of another person’s negligence, you could sue for emotional distress. Since this is not a specific injury, it is up to the jury to determine whether you suffered from serious problems as a result of your injuries. There are some situations in which it would be difficult to prove emotional distress; however, if your injuries are severe or taken away from your life completely after an accident, they may be enough to prove your case. You should always discuss your case with an experienced lawyer if you have been injured in an accident.

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