Emotional Distress Could Be A Significant Claim In An Accident Lawsuit

Victims of car collisions and other accidents may suffer from severe injuries while dealing with subsequent medical bills. Surgery and rehab may not be the only health-related problems these victims experience. The psychological trauma of a horrible crash may leave the victim requiring extensive therapy. One way to recover the costs associated with mental health care involves taking legal action. However, seeking damages for emotional injuries might involve a higher bar of proof than establishing physical injuries.

Damages for Losses From Accidents 

A lawsuit after an accident could seek damages for physical injuries, property damage, emotional distress, and other losses. Some damages and their associated costs appear evident on paper. Bills from a hospital reveal the expenses for immediate care, and an estimate from a body shop establishes damage to a car. With emotional distress, costs related to psychological care could support a claim. However, validating emotional distress claims might require further expert testimony.

Records Related to Psychological Care

Mere claims of emotional distress may not be nearly enough to recover damages. However, a professional diagnosis from a mental health practitioner could support the claim. If a psychiatrist diagnoses someone with severe anxiety and depression from the accident, the related records may add credibility to the accident victim's claims. The defendant's attorney could challenge the reports, but there might be ways to address those challenges.

Countering the Challenges

The defendant's attorney could raise questions about whether the accident caused emotional distress. If the problem existed before the accident, it could be challenging to support claims for compensation since the collision did not cause distress. The claim might have merit if a psychiatrist's professional opinion states the accident caused or exacerbated psychological turmoil. A substantiating second opinion from a board-certified psychiatrist may further help the case.

Exploring Further Damages

The accident victim might suffer direct financial losses due to the emotional trauma from the collision. Someone who deals with deep depression may have difficulties holding a job. Someone who relied on rideshare or food delivery app income could become too traumatized to drive and suffer a decreased earning potential. The victim might need to work in a new profession at a drastically reduced salary. Seeking compensation for these losses could become a significant part of the claim. 

An accident attorney might perform a comprehensive review of the case and the associated damages. The attorney could suggest seeking damages the client did not know about.

For more information, contact an accident lawyer in your area, such as Todd East Attorney at Law.