Can You Sue for Emotional Distress After a Car Accident?

Can You Sue for Emotional Distress After a Car Accident?Did you know your mental and emotional health may be damaged in the aftermath of an accident? Most people are so focused on their physical injuries and the recovery process that they don’t realize until much later that accidents can also have a debilitating impact on their emotional and mental health.

Most people understand the process used to recover from losses related to a physical injury; however, recovering from emotional distress can be much more challenging and less straightforward. In some situations, accident victims will find that the emotional distress they encounter after an accident impacts their day-to-day lives and even impacts their ability to function normally and move forward after the accident.

In some situations, an accident victim who is experiencing mental or emotional issues due to an accident caused by someone else can sue for compensation. If you find yourself in this situation, our legal team at Fetterman Law is here to help. Reach out to us to discuss your claim.

Understanding Car Accident Damages

Several types of damages can occur in a typical car accident. Accident victims can pursue recovery for their losses by filing a personal injury claim and, in some cases, a lawsuit against the party or parties who were responsible for the accident they were injured in.

Florida law separates damages into two types:

  • Compensatory damages
  • Punitive damages

In most car accident cases, you will only receive compensatory damages. These are given to compensate for the losses you have sustained because of the accident. There are two types of compensatory damages that apply to car accident cases which include economic and non-economic.

Economic Damages

The economic damages in your car accident case are any quantifiable, objective monetary losses that you have incurred or that you will incur down the road related to your accident and injury. Usually, these damages are easier to calculate because the costs will be outlined in medical bills, repair bills, and other types of accident-related documentation.

Some examples of common economic damages in car accidents include:

  • Medical bills
  • Property damage
  • Lost wages

Some other expenses will be covered, as well, including assistive devices you need for your recovery, having your vehicle towed, and others.

Non-Economic Damages

It is more challenging to quantify non-economic damages after a car accident. No matter if damage causes a bill in a car accident, it is still real to the victim and may impact their ability to live life. These are the types of damages that fall under this umbrella. While determining what these damages are worth can be challenging, the law does allow for monetary compensation for losses a victim experiences.

Some accident victims may struggle when it comes to recovering from non-economic losses. However, with a quality attorney building a strong case on your behalf, you can recover compensation for any issue that impacts your life in some way. The most common non-economic damage that is compensated after a car accident is pain and suffering. Some other examples of non-economic damages include:

  • Pain
  • Suffering
  • Reduced enjoyment of life

What Is Considered Emotional Distress?

Emotional stress can mean something different to everyone. Each accident victim is unique, and the personal experiences they have after a car accident can impact their mental and emotional health.

The fact is, emotional distress can appear in several ways, which makes it challenging to evaluate and calculate. However, according to the law, emotional stress is when suffering has an impact on a person’s emotions.

Some of the most common symptoms that you may be dealing with emotional distress include:

  • Feelings of hopelessness or guilt
  • Depression
  • Mood disorder
  • Insomnia
  • PTSD – post-traumatic stress disorder
  • Anxiety

When Is It Possible to Sue for Emotional Distress?

Usually, lawsuits for car accident damages will settle out of court via a personal injury claim with the involved insurance companies. In some cases, someone who is injured can include emotional distress as a part of their pain and suffering with their claim. However, there are some situations where the case will have to go to court to be resolved.

It’s possible to include emotional distress damages in your lawsuit after a car accident. However, the amount of compensation you receive depends on the details of your case and the evidence your lawyer builds to show how the accident has impacted your life.

Contact Our Legal Team Today for More Information

If you have suffered emotional or mental injuries or issues after a car accident that was caused by someone else, get in touch with our legal team. At Fetterman Law we are here to defend your case and help you recover the compensation you deserve. The first step is to call and schedule a free consultation with our legal team.