When most people think about serious car accident injuries, they picture bruises and broken bones. However, there is another category to consider: emotional distress.
Experts believe that as many as 50% of car accident victims experience emotional effects in addition to their physical injuries.
The good news is that Alabama law allows accident victims to get compensation for these emotional injuries. This article explains what emotional distress is and how you can prove it.
What Is Emotional Distress?
A person who proves that they were injured by another driver’s carelessness may be entitled to damages. Compensatory damages are funds intended to put the injured person in the position that they were in before the accident.
Compensatory damages can be split into two categories: economic and non-economic. Economic damages address the financial costs associated with the accident, such as medical bills. Non-economic damages consider the non-financial harm caused by the accident.
You’ve likely heard the phrase “pain and suffering.” Think of emotional distress as part of pain and suffering. The “pain” part of pain and suffering addresses the physical pain caused by accident injuries. But after an accident, many people also experience mental symptoms that are completely unrelated to physical pain. This is emotional distress.
For example, a person suffers a broken leg after a car accident. This injury causes physical pain. Alabama law allows compensation for this pain. However, the person is also sad and frustrated because they can’t work or engage in their usual activities. Alabama law allows them to receive compensation for this emotional pain as well as their physical pain.
Emotional distress can show up in many ways after a car accident. Some common diagnoses include:
- Anxiety or panic attacks
- Depression
- Post-traumatic stress disorder (PTSD)
- Vehophobia (fear of driving)
Emotional distress can also include situations that don’t always lead to a diagnosis, such as feelings of embarrassment caused by scars or strained relationships with family and friends.
Proving Emotional Distress After a Car Accident
Physical injuries can be proven with X-rays, physical therapy assessments, and other tools. But emotional injuries can’t be seen. Also, although most disorders have clear diagnostic criteria, they can be harder to diagnose than physical injuries.
Insurance companies know this. As such, they’ll take the opportunity to argue that:
- You are exaggerating your symptoms
- Your stress comes from something other than the accident
- Your anxiety or depression was a pre-existing condition
However, you and your Birmingham injury attorney can overcome their arguments by proving the extent of your mental distress. Here are three ways to support your emotional distress claim.
Get Mental Health Treatment
Getting treatment shows that the injury exists and can also show the extent of the injury. Treatment can include:
- Talking to your primary care doctor
- Seeing a therapist or counselor
- Meeting with a psychiatrist
- Taking medication for anxiety, depression, or sleep problems
Many people find it embarrassing or difficult to talk about their feelings. This is understandable, but your treatment team needs to know the whole truth to properly treat you. So, when you talk to them, be sure to share details like:
- Trouble sleeping
- Crying spells
- Fear of being in a car
- Panic attacks
- Flashbacks or nightmares about the accident
- Mood changes or irritability
Keep a Journal
A journal can show the nature and extent of your emotional distress. Take some time every day to write down how the accident affected you. Be sure to track:
- Nightmares
- Panic attacks
- Any days you avoided driving or cars
- Missed work
- Missed family events
- Trouble sleeping
- Feelings of sadness, anger, or fear
A journal will also make it easier to remember and explain your symptoms in the months after your accident.
Use Family and Friends as Witnesses
The people closest to you can testify about the emotional changes caused by the accident. For example, they can say that before the crash, you were a happy person who had no trouble driving and enjoyed social activities, but that the accident made you irritable, socially withdrawn, and afraid to drive.
How Much Is Emotional Distress Worth in Alabama?
Emotional distress claims are complex, and every case is different. So, there is no magic number. But generally, the value of your claim depends on:
- The severity of your emotional symptoms
- The nature and seriousness of your physical injuries
- Whether your injuries are temporary or permanent
- Whether you need therapy, medication, or other treatment
- How much the emotional distress affects your work, family, and daily life
- The strength of your evidence
Your Alabama car accident injury attorney can help you build a strong argument to maximize your claim.
Get Compensation for Emotional Distress After an Alabama Accident
Emotional distress after a car accident is real. Anxiety, PTSD, fear, and depression can affect every part of your life long after your physical injuries have healed. Get treatment, document your symptoms, and keep records of how the accident changed your life. Your Alabama accident attorney will use this evidence to fight against the insurance company’s arguments.
If your car accident harmed your mental health, you have the right to compensation. If you need help getting the compensation you deserve, contact Collins Law, LLC. Our clients praise us for our compassion, communication, and results. To schedule a free, no-obligation consultation, call 205-588-1411 today.
