When it comes to serious accidents, one thing many people overlook is the toll that injuries can take on your emotional well-being and mental health. Many accident victims find themselves reliving the incident through nightmares or flashbacks. A severe accident can cause you to experience heightened anxiety, depression, or post-traumatic stress disorder (PTSD).
The mental health effects of a serious accident are just as real as physical injuries. But many people do not realize that they may seek compensation for their emotional distress. As part of a personal injury claim, you may seek compensation for pain and suffering which includes both physical pain and mental distress.
The Dallas personal injury lawyers at Kraft & Associates, P.C., have more than 50 years of combined experience helping Texas accident victims seek full compensation for their injuries and losses after serious accidents. We know the hardship that emotional distress can cause. We want to help you move forward with your life. For more information, contact us today for a free initial consultation.
What Is Emotional Distress?
A serious injury can affect someone’s mental state and cause emotional distress. Depending on the specifics of a personal injury case, the mental anguish may have been caused by negligence or inflicted intentionally.
If you were involved in a car crash with a careless driver, any distress you experience due to your injuries and the experience you endured would be considered a result of negligence. If someone intentionally hurt you in a physical assault, the emotional distress you experienced would have been inflicted intentionally.
Most people involved in serious accidents experience some emotional distress. The distress can be debilitating and adversely affect your ability to function in many ways.
You may seek compensation for emotional distress in a personal injury case. The specifics of the accident and the extent to which emotional distress has affected your life are factors in the value of the claim.
Common Types of Emotional Distress
There are many symptoms of emotional distress that accident victims may experience, including:
- Lower quality of life – Depending on the extent of your injuries after an accident, you may be left with long-term disabilities. If this is the case, you may not be able to take part in activities you used to enjoy. You may have trouble handling daily household chores and errands. These effects can greatly impact your quality of life.
- Loss of enjoyment of life – Being unable to take part in activities that you formerly enjoyed may cause you to experience a sense of loss and depression. A serious accident may leave you unable to enjoy intimacy with your marital partner. As part of a personal injury lawsuit, you may seek compensation for your diminished enjoyment of life.
- Cognitive changes after sustaining a brain injury – A traumatic brain injury can have many different effects on a victim. In some cases, a brain injury can alter a victim’s personality, ability to move, and other important cognitive functions. One common side effect of a traumatic experience is increased, uncontrollable feelings of anger or aggression. These effects can take a severe toll on your quality of life.
- Humiliation and embarrassment – Being involved in a severe accident in a public space can be a humiliating experience if other people see you in pain. Many people are uncomfortable with long hospital stays. Accident victims may fear that they look weak or helpless.
- Psychological trauma – A major accident can leave victims with an intense fear of being in situations similar to the original accident. For example, if you were badly injured in a car crash, you might be terrified of driving again, even if your physical injuries have healed. Psychological trauma can affect victims for the rest of their lives.
- Post-traumatic stress disorder – Post-traumatic stress disorder (PTSD) is especially common among people who have experienced violent physical traumas. Common symptoms of PTSD include severe anxiety, flashbacks or nightmares about the initial accident, racing or unwanted thoughts, personality changes, and increased anger or agitation.
- Loss of sleep – Many people who have been through a traumatic experience have nightmares, making it difficult for them to sleep through the night.
How to Prove Emotional Distress in a Personal Injury Case
Emotional distress can be difficult to prove when you’re seeking compensation through a personal injury claim. You will need to present evidence of symptoms of emotional distress such as a medical diagnosis of depression, anxiety, insomnia, and loss of consortium. Our attorneys will work to demonstrate how the symptoms have affected your life.
Here are a few ways to help prove you have suffered emotional distress after an accident:
- Medical records – Your medical records can help establish the physical injuries you’ve suffered that might have contributed to your emotional distress. If you have a diagnosis of a psychological condition resulting from your injury and have received mental health counseling or therapy, those records can be used to support your emotional distress claim.
- Start a diary – Keeping daily notes of how your injuries impact your ability to enjoy life and take part in activities can show how your emotional distress has affected your quality of life.
- Expert testimony – Psychologists and other mental health specialists can testify about the emotional distress you have experienced.
- Statements from your family and friends – Testimony from people who know you well can help demonstrate how your injuries have affected your life, especially when it comes to your mental state before and after the accident.
Can You Receive Compensation for Your Emotional Distress Claim?
You can seek compensation for emotional distress as part of a Texas personal injury case. But state laws can make proving your case a challenge. It’s important to have strong, compelling evidence that demonstrates the extent of your losses.
If you have suffered emotional distress after an accident, it’s crucial to seek the representation of an experienced personal injury attorney who can gather evidence to develop a persuasive case for compensation for all of your injuries including emotional distress.
Our Personal Injury Lawyers Are Ready to Assist You
The Dallas personal injury attorneys at Kraft & Associates, P.C., have the knowledge and experience to help you demand full compensation for your emotional distress and any other losses you have suffered in an accident. Contact us today for more information on our services.
