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Can I Recover From Emotional Distress After A Car Accident

Emotional Distress

By Nancy AhujaPublished 4 years ago 4 min read
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After a car accident, there is always a risk of suffering from significant injuries. These injuries may range from minor injuries such as bruises on the hands to substantial injuries such as brain injuries. After the bruises are treated, an individual may continue suffering. Maybe the other driver was texting when suddenly you heard a bang, or you were trying to park when someone slammed you from behind. These unexpected circumstances may linger in your mind for long. It’s no wonder some victims of car accidents continue to suffer from anxiety or depression long after the accident. If you have suffered from emotional distress, you can get compensated for the mental anguish as a part of the injuries resulting from the car accident.

What Is Emotional Distress?

Emotional distress is an unpleasant body reaction that results in mental harm. Emotional distress falls under general or non-economic damages. After a car accident, some people suffer from injuries that are not visible. These are the most difficult damages to quantify since you cannot assign a dollar amount to mental anguish or anxiety. Research shows that at least a third of people involved in a car accident suffer from emotional distress. When the initial impact fades away, a victim may be more concerned about managing the aftermath of the accident. Just as physical injuries, psychological injuries can affect one’s ability to perform daily tasks. Emotional distress can manifest in many ways after a car accident. Some of them include:

1. Constant stress and anxiety

2. Fear of moving vehicles

3. Disrupted sleep patterns

4. Withdrawal from social groups

5. Depression

6. Humiliation

7. The Diagnosis of the post-traumatic disorder can also add to the amount of your emotional distress compensation.

To get compensation, you have to show that:

1. The emotional distress is ongoing

2. The defendant’s conduct resulted in your emotional distress

3. The distress is in an aversive state. A state where you show maladaptive behaviors that started after the car accident

If you have been injured in a car accident in Anchorage, you need to look for a personal injury lawyer to help you get compensated. Recovering after a car accident requires a victim to find a lawyer for car accident in Anchorage. A good lawyer will tell you that no device can protect anyone from having emotional distress after a car accident. However, the lawyer can help you recover damages due to the psychological impact of the injuries suffered.

Proving Emotional Distress

Although it is possible to seek compensation for psychological injuries, it becomes hard to substantiate the claim. This is when an experienced personal injury lawyer comes in. This is because some insurance companies get reluctant to sign off such claims. Therefore getting treatment for psychological issues can be the most critical factor to consider if you want to get compensated. Ensure to maintain a record of how you feel and how this has affected your life. You should be able to show how the distress is related to the injuries you suffered. Again this should be done through a medical professional. The more evidence you can prove, the higher the likelihood of getting recovery. The insurance company will mostly request the doctor’s report to determine the amount for settlement. You may be able to get compensation under the theory of negligent infliction of emotional distress. You have to prove this to have a valid claim. Again, you have to show that you also suffered from the physical injuries due to someone’s negligence, which also led to mental or emotional harm. To prove that you suffered, you must show that:

1. The defendant displayed extreme behavior

2. The respondent acted recklessly and caused you emotional distress

3. The defendant’s conduct contributed to your emotional distress

A good lawyer can help you determine whether the theory of negligent infliction may apply in your case. Therefore, you should discuss with them any psychological symptoms you may experience after a car accident as well as how the symptoms have affected your life. Your lawyer can advise whether the claim for emotional distress is applicable in your situation. He/she will advise you on how the jurisdiction will impose damage caps and how it will affect the amount you will recover.

Contacting A Lawyer For Help

Are you dealing with the disturbing effects of emotional distress after being involved in a car accident? Fear of driving or simply having nightmares is a distressing issue. These can be compensated as a part of your injury claim. Contact a lawyer who has experience in dealing with psychological injuries; he/she will make the most out of your claim. The lawyer will help you fight back to get the compensation you deserve and be able to move on with life by taking the necessary steps to strengthen your claim before your settlement begins. Also, he/she will advise you on whether to file a lawsuit for the damages or negotiate a personal injury settlement.

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