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After a car accident, you may want to consider more than just your physical injuries. Many car accident victims pay little attention to how the accident affects their emotional and mental health. A car accident can cause a great deal of emotional distress, which can affect many aspects of your daily life.

But can you sue for emotional distress after car accident? Yes, you can get compensation for emotional distress after a car accident in some cases. But to get the claim approved, you must establish and prove that the anxiety developed as a result of the accident. Suing for emotional distress allows a victim to recoup some of his or her damages. Continue reading to learn about the legal implications of suing for emotional distress.Aside from physical injuries, many car accident victims frequently experience severe emotional distress in the aftermath.

What Exactly Is Emotional Distress?

Emotional distress, in the legal context, refers to a highly unpleasant or incapacitating emotional response to the conduct of another party. Those who suffer emotional distress due to the actions of others have the right to sue that person for monetary damages.

Fear of driving or getting into a car, panic attacks, and depression are all symptoms of emotional distress that can pose a challenge to going about daily life, including caring for oneself and earning a living.

What Does Car Accident Emotional Distress Look Like?

Accident victims are all different, and the effects of a car accident on their emotional and mental health can vary greatly for each person.


Many victims who experience or witness terrifying or traumatic events develop post-traumatic stress disorder, which can cause a wide range of symptoms. As a result of the extreme anxiety brought on by PTSD, the sufferer may start to fixate unhealthily on memories of the traumatic event. PTSD can cause nightmares and intensely anxious reactions, making it difficult for the victim to engage in daily activities.

In its most severe form, PTSD involves flashbacks to the accident, in which a trigger transports the victim back in time and forces them to relive the experience. If you suffer from post-traumatic stress disorder (PTSD), driving or being a passenger in a car may be a hard process. PTSD sufferers frequently go to great lengths to avoid being reminded of their car accident.


Following a car accident, people may experience new or increased anxiety, feeling tense, worried, or upset about seemingly insignificant, everyday situations.

For example, if your accident occurred while you were a passenger in a car, you may find it difficult to get into a car with someone else driving without feeling extremely anxious. If you were driving at the time of the accident, you may find it difficult to drive as you deal with the emotional fallout. Others may have difficulty driving through the area where the accident took place.

The way that trauma and stress affect different people can vary depending on their personal sensitivities and past experiences in their lives.Depression

Depression following a car accident is a medical condition affecting both the mind and the body. An individual's state of mind, emotions, and actions can all be influenced. Those affected by this disorder frequently experience feelings of sadness and apathy that make daily activities difficult.

If you think you're experiencing depression as a result of your car accident, a thorough physical and psychological evaluation will help your doctor determine the best course of treatment for you. In addition to consulting a medical professional, you may also want to speak with a competent personal injury attorney who could assist you in negotiating a reasonable settlement for your injuries.

How Do You Prove Emotional Distress

Emotional pain isn't always obvious; you can’t always see emotional distress, and the aftereffects of an accident can vary widely depending on the circumstances. And because emotional distress injury involves a person's personal experience, it may be more difficult to serve as evidence.

How can you show that your mental distress was caused by the incident?There are certain documents that will support your claim for emotional distress, though it may require some effort on your part to attain them:

  • A journal detailing your daily activities, limitations, and pain;
  • Statements from loved ones, friends, and medical professionals
  • Additional documentation of missed opportunities and/or restrictions
  • Counseling expenses, which may also be recoverable as economic damages

Working with a personal injury attorney on our team is one way to gather the necessary proof of your damages to support a fair settlement. You can rely on us to handle every aspect of your legal case, from conducting an investigation into what happened to collecting evidence in support of your claim.

Potential Emotional Distress Compensation

For victims of car accidents, determining how much money they should receive for their emotional suffering can be more complicated than determining how much money they should get for their material losses. It can be difficult to win a financial award for suffering from emotional distress. You must not only prove your entitlement to monetary compensation but also establish the amount of compensation to which you are entitled. Compensation might involve the following:

  • The medical costs of psychiatric treatment
  • Income lost because of mental anguish
  • Emotional anguish and loss of life quality

A lawyer can assist you in finding more about the evidence you may need, including how to prove emotional distress due to an auto accident and the compensation you may be entitled to.

A personal injury or car accident lawyer can assist you in navigating the legal system.

Let an Experienced Attorney Help You File a Claim

It's normal to experience feelings of panic and uncertainty after a serious car accident. Don't try to handle your legal claim without consulting an attorney. The stress of a car accident can be lessened and the likelihood of receiving full compensation for your injuries increased by speaking with an attorney who specializes in such cases.

So, can you sue for emotional distress after car accident? The answer is yes. Our Browning Law Firm’s personal injury regularly handles cases like yours, and we understand how to prove economic and non-economic losses. And because we know what expenses victims typically incur, we can make sure to account for them all, making it less likely that we'll miss any major outlays or miscalculate the value of your case.

Our success is directly linked to yours, even though you pay a percentage of your financial recovery to your attorney. As a result, we're more motivated than ever to secure the compensation you need. We also make sure you don't have to worry about figuring out the process because we've got you covered. Call us now for a free consultation.

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