By filing a car accident lawsuit, a victim can seek numerous types of damages from the at-fault party. A sometimes overlooked category is emotional distress. But car accidents are terribly traumatic events that can leave victims with years of emotional scars. A victim should always consider seeking damages for emotional distress, a process that should only be done with the assistance of experienced legal counsel. Count on the trusted guidance of Rochelle McCullough LLP.
What Is Emotional Distress?
While most car accident victims are naturally focused on tangible losses like medical bills, the emotional side of being in a wreck should not be overlooked. A car accident can cause post-traumatic stress disorder and other problems that affect the victim’s emotions. The law, fortunately, allows victims to file a lawsuit against the responsible party or parties and seek a broad array of damages, including for emotional distress.
What exactly does the law consider emotional distress to be? It is a form of mental agony that is brought about because of a catastrophic event, like a serious car crash. The term is sometimes lumped in with pain and suffering. Both types of damages are closely related to the psychological trauma and harm that stems from a detrimental experience, often caused by another party’s negligence.
A person can suffer emotional distress in various ways. For instance, witnessing a loved one die or become severely injured in a car crash can scar a person’s emotions. Becoming heavily disfigured may also inflict an emotional toll on someone as they struggle to cope with the new reality of what may be permanent injuries. It is also likely that a victim will endure anxiety, depression, fear, inability to sleep, and other complications due to the emotional aftermath of being in a car wreck.
You May Be Eligible For Emotional Distress Damages
Emotional distress is a form of non-economic damage. As opposed to economic damages like medical bills and lost wages, calculating a dollar amount for non-economic damages is more subjective. This doesn’t mean that a victim simply picks a random figure and asks for a jury to make an award. Rather, the victim – with the assistance of legal counsel and expert witnesses – will explain the emotional impact that the wreck had.
For instance, a car crash victim might need therapy and counseling due to the emotional problems associated with the accident. The victim may require medication to cope with anxiety and depression. However, there does not necessarily have to be a hard dollar amount in order for the victim to ask for emotional distress damages. As an example, how does one determine the dollar value that can fairly compensate someone for the anguish they suffer by watching a loved one die in a wreck? The total dollar figure of emotional distress damages must therefore be based on both objective and subjective factors.
What About Intentional Infliction of Emotional Distress?
There is emotional distress that naturally flows from being in a car accident, and then there is intentional infliction of emotional distress (IIED). This is a type of injury that requires proving specific elements, namely that the defendant:
- Intended to inflict emotional distress or should have been aware that their conduct would inflict emotional distress
- Exhibited extreme and outrageous conduct
- Directly caused the plaintiff to suffer severe emotional distress
Understanding Your Rights After a Car Crash
Our firm can review the circumstances surrounding your car accident to determine the damages you can claim, including emotional distress or IIED. We work hard to help our clients get their lives back on track by seeking the compensation they deserve. Call Rochelle McCullough LLP today to learn more.
We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.