If you’ve been hurt in a car accident in Alabama, you’re probably wondering what the insurance company will cover. Medical bills, property damage, pain and suffering – these can all be addressed through a legal claim, but you might be wondering what other compensation is available to you. In particular, you might be asking, “Can I sue my insurance company for emotional distress?”
What Is “Emotional Distress” in Personal Injury Cases?
“Emotional distress” refers to the mental effects that you experience as a consequence of getting into an accident. In many cases, the emotional effects of an accident may take days or weeks to manifest. Some of the most common examples of emotional distress in personal injury claims include:
- Anxiety
- Depression
- Panic attacks
- Post-traumatic stress disorder
- Survivor’s guilt
- Lost enjoyment of life
When Can You Sue an Insurance Company for Emotional Distress?
You could sue an insurance company for emotional distress after an accident when the at-fault party’s insurer refuses to agree to what you consider a fair settlement of your claim. If you cannot settle your case, filing a lawsuit allows you to pursue compensation for emotional suffering at trial.
What Does Alabama Law Require?
To secure compensation for emotional distress in Alabama, you typically must show that you suffered a physical injury or faced an immediate risk of bodily harm in a car crash. You also must demonstrate that the severity of your emotional and psychological distress goes beyond temporary upset and has instead had a prolonged adverse effect on your daily life.
What Kind of Compensation Could You Seek?
Compensation for emotional distress and mental suffering can provide you with financial recovery for:
- Emotional trauma and mental anguish from the accident, such as PTSD, anxiety, or survivor’s guilt
- Emotional distress caused by injuries, disabilities, and resulting medical treatment
- Reduced quality of life due to prolonged or permanent disabilities, or severe and visible scarring or disfigurement
What to Do If You Believe You Have a Case
First, speak with an attorney as soon as possible to discuss your options for seeking financial recovery. Then, start gathering your medical and mental health treatment records to document diagnoses or symptoms caused by mental health issues, including any documentation from a mental health professional.
Frequently Asked Questions about Emotional Distress Damages in Car Accident Claims
Below are the answers to some of our most commonly asked questions about emotional distress claims.
Can I sue just for emotional distress even if I have no financial loss?
As a general rule, you must have suffered some form of physical injury to have a claim for emotional distress or prove that you faced an imminent risk of injury. Consequently, for you to have grounds for an emotional distress claim, you will likely have sustained some form of financial loss due to personal injury or property damage in an accident.
How much can someone get for emotional distress in Alabama?
Unlike compensation for financial losses such as medical expenses or lost wages, emotional distress compensation for automobile accidents is more subjective. As such, various factors go into determining how much emotional distress has affected an accident victim’s life, including:
- The severity of the claimant’s physical injuries
- The course of treatment and prognosis for a claimant’s mental health condition(s)
- Medical or psychological records documenting distress and treatment
- Testimony from healthcare providers, therapists, family, and friends regarding the effects of emotional distress on the claimant’s daily life
How long do I have to sue?
Under Alabama’s statute of limitations for accident claims, you typically have two years from the date of an accident to file a lawsuit to recover compensation for emotional distress from an at-fault party’s liability insurance provider.
Contact Our Alabama Car Accident Attorney to Learn More
Contact Collins Law, LLC today for a free consultation with an attorney for car insurance claims to learn more about your rights to seek compensation for emotional damages from an insurance company.
