How to Build a Strong Case for Emotional Distress Claims With Your Car Accident Lawyer

Car accidents are not just physically painful—they can also cause profound emotional and psychological distress. Victims often suffer from anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional trauma following an accident. These invisible wounds can be just as debilitating as physical injuries, yet proving emotional distress in a car accident claim can be challenging. That’s where a skilled car accident lawyer can make a significant difference in ensuring that victims receive the compensation they deserve.

In personal injury law, emotional distress is a recognized form of harm that can be claimed in addition to physical injuries. However, building a strong case for emotional distress requires careful documentation, expert testimony, and a clear understanding of the legal principles involved. If you’ve experienced emotional distress following a car accident, a car accident attorney can help you navigate the process and maximize your chances of success.

In this article, we’ll explore how to build a strong case for emotional distress claims with the help of your car accident law firm.

Understanding Emotional Distress in Car Accident Claims

Emotional distress refers to the psychological impact of an accident, including symptoms like anxiety, depression, insomnia, and flashbacks to the traumatic event. In personal injury law, emotional distress is considered a non-economic loss, which means it doesn't have a direct monetary value, like medical bills or property damage. However, that doesn’t mean it’s any less significant.

There are two types of emotional distress claims in personal injury law:

- Negligent Infliction of Emotional Distress (NIED): This occurs when someone causes emotional harm through careless or negligent actions. In the context of a car accident, it would apply if the driver’s negligent behavior—like running a red light or driving while intoxicated—led to emotional trauma.

  

- Intentional Infliction of Emotional Distress (IIED): This occurs when the actions of the other party are intentional and outrageous. For instance, if a driver intentionally caused an accident or engaged in reckless behavior that traumatized the victim, an emotional distress claim could be pursued.

In most car accident cases, the car accident lawyer will focus on NIED claims, arguing that the defendant’s negligence caused both physical injuries and emotional distress.

Documenting Your Emotional Distress

The first step in building a strong emotional distress claim is thorough documentation. Unlike physical injuries, emotional distress is intangible, and proving its existence requires detailed evidence. Here are some ways to document your emotional distress:

Seek Professional Help

One of the most important steps in documenting emotional distress is seeking therapy or counseling after the accident. A car accident attorney will likely advise you to see a mental health professional to address any anxiety, depression, or PTSD symptoms. Mental health professionals can provide diagnoses, treatment plans, and detailed reports that serve as evidence in your claim.

Counselors, psychologists, or psychiatrists can testify to the severity of your emotional distress, which will help demonstrate how it has affected your daily life. The sooner you seek treatment, the stronger your claim will be, as it establishes a clear connection between the accident and your emotional suffering.

Keep a Personal Journal

In addition to professional documentation, keeping a journal of your emotional and psychological state can be helpful. Write about how you feel daily, any symptoms you’re experiencing, and how the accident has disrupted your routine. This personal account can provide insight into how the trauma has impacted your life and may be used as evidence in court.

Record Physical Manifestations of Emotional Distress

Emotional distress often manifests physically. For example, you might experience trouble sleeping (insomnia), headaches, stomach issues, or fatigue. Document these symptoms and share them with your auto accident lawyer. If your emotional distress has led to physical health issues, it can strengthen your claim and show the far-reaching effects of the accident.

Building a Case with Expert Testimony

While personal accounts and medical records are important, expert testimony is often the key to a successful emotional distress claim. A car accident law firm will typically work with mental health professionals who can testify about the severity of your emotional distress and how it’s linked to the accident.

Experts can help establish the psychological and emotional toll the accident has taken on your life. They may testify about the diagnosis (such as PTSD or depression), the necessary treatment, and the long-term effects of emotional distress. For example, if you experience flashbacks or anxiety whenever you’re in a car, an expert witness can confirm that these symptoms are consistent with trauma caused by the accident.

In some cases, experts may also discuss how emotional distress impacts the victim’s ability to work, perform daily activities, or maintain relationships. This evidence can be critical in quantifying the damages you are seeking.

Proving Causation Between the Accident and Emotional Distress

A critical element in emotional distress claims is proving that the emotional harm you’re experiencing was caused directly by the accident. This is often the most difficult part of the case because emotional distress can arise from various life events, not just accidents.

Your personal accident lawyer will work to connect the emotional distress symptoms to the accident, using medical records, witness statements, and expert testimony. If you had no prior history of emotional issues before the accident, and if the emotional distress symptoms started shortly after the crash, this could be strong evidence linking the two events.

Additionally, if your symptoms are consistent with trauma (e.g., PTSD following a car crash), the lawyer will work to prove that the emotional distress is a direct result of the physical harm you suffered in the accident.

Quantifying Emotional Distress Damages

One of the most complex aspects of an emotional distress claim is calculating the damages. Unlike medical expenses or lost wages, there is no clear-cut formula for determining the value of emotional distress. However, your car accident attorney can use various methods to estimate the appropriate amount of compensation, such as:

- Severity and Duration of the Distress: The more severe and long-lasting your emotional distress, the higher the potential damages.

- Impact on Daily Life: If the emotional distress has significantly impacted your ability to work, care for your family, or enjoy life, this can increase the value of your claim.

- Other Related Factors: A combination of factors, including lost wages due to inability to work, therapy costs, and long-term emotional impairment, can all contribute to the value of your claim.

Ultimately, it is the job of your accident autolawyer to assess the full impact of your emotional distress and pursue the maximum compensation possible.

The Role of Your Car Accident Lawyer in the Claim

A skilled personal accident attorney will be your advocate throughout the entire emotional distress claim process. They will help you gather the necessary evidence, negotiate with insurance companies, and fight for a fair settlement. If the case goes to trial, they will present your case in the most compelling way possible, ensuring that the emotional distress you’ve endured is taken seriously.

Working with an experienced car accident law firm means you’ll have the resources and knowledge needed to navigate a complex legal claim. They will ensure that both physical and emotional damages are accounted for and that you receive the compensation you deserve.

Create Your Case

Emotional distress can be a significant and painful consequence of a car accident, and it’s important to understand how to build a strong case for these types of claims. By documenting your symptoms, seeking professional help, working with expert witnesses, and relying on an experienced car accident lawyer like Super Woman Super Lawyer and her team, you can increase your chances of a successful emotional distress claim. 

If you’ve suffered emotional trauma after a car accident, don’t hesitate to consult with a car accident attorney. With their expertise and guidance, you can ensure that your emotional distress is addressed and that you receive the compensation you need to begin healing.