Being involved in a car accident changes your life in an instant. It leaves you and your loved ones to deal with physical injuries and emotional trauma–some of which may never fully heal. What most people don’t know is that the mental suffering can often be even more debilitating than the physical injuries suffered in an accident. If you have been involved in an accident, not only can you recover for your physical injuries and medical bills, but also for the mental trauma you have faced as a result. Because emotional distress damages are not as easy to prove as physical injuries, it is important you take the right steps to strengthen your case.
PHYSICAL INJURIES VS EMOTIONAL DISTRESS
In a personal injury case, your physical injuries often refer to tangible bodily harm such as: cuts and bruises, broken bones, head injuries, and spinal cord injuries. These physical injuries are easier to prove as they are often documented through videos, photos, and medical records.
On the other hand, emotional distress damages often refer to the psychological and emotional injuries suffered by a victim. These include: anxiety, depression, post-traumatic stress disorder, and other mental health issues. Emotional distress claims are harder to prove, especially if they are not well-documented.
Unlike a broken bone or a medical bill, mental and emotional damages do not have a clear or fixed monetary value. This makes the damages harder to prove and harder to quantify. If you have been a victim of an accident, it is important that you connect with TORKLAW right away to ensure that your emotional distress claims are being accurately documented.
EMOTIONAL DISTRESS CLAIMS VARY BY STATE
The legal definition of emotional distress varies depending upon the state you are in. For example, in the State of Illinois, emotional distress includes “significant” alarm, anxiety, or suffering caused by a physical injury or other traumatic event. In Texas, emotional distress damages can be categorized as intentionally inflicted or caused by an inflicted injury and negligently inflicted emotional distress–which may include mental anguish. Whereas in California, emotional distress claims fall under the category of non-economic damages, which include: pain and suffering, loss of enjoyment of life, disfigurement, depression, anxiety, etc.
HOW TO DOCUMENT YOUR EMOTIONAL DISTRESS DAMAGES AFTER AN ACCIDENT
The subjective nature of emotional distress claims can make it more difficult to quantify the damages. This is typically because different individuals may react differently to similar injuries or traumas. For instance, one person may recover fairly quickly after suffering a traumatic injury, while another may suffer from long-term psychological effects such as depression, anxiety, or PTSD. In order to overcome the challenges of proving emotional distress damages, there are a few steps you can take immediately after being in an accident. These include:
1. THOROUGHLY DOCUMENT YOUR EVIDENCE
After being in an accident, it is important that you immediately begin to document how your life has been affected. This can be done through daily journal entries (written, on your phone, or on your computer). You can take notes on how your daily life and activities have changed, changes in your physical health as a result of your emotional distress (logging weight loss/gain, pain, extreme fatigue), any social events (family parties, holidays, etc) that you did not attend, and how your marriage and other relationships have been affected.
By thoroughly documenting your evidence, you will be able to recall how you were feeling following the accident, and just how much your daily life has changed. Although this evidence cannot be quantified, it is important to keep track of as it will document your emotional pain and suffering. If your case goes to trial, it may be admitted into evidence to help refresh your memory as to how drastically your life was affected by the accident.
2. SEEKING MEDICAL HELP
If you have been in an accident and are suffering from emotional distress, it is important that you speak to your doctor about the mental challenges you are facing. Because emotional distress is not physically visible in a medical evaluation, you must discuss these changes with your treating doctor to make sure it is accurately documented within your files.
If you believe you are struggling to overcome your anxiety, depression, PTSD, or other mental health trauma caused by the accident, it is important to speak up and ask for help. It may even be necessary for you to seek mental health treatment to help you fully recover from the effects of the accident.
3. CONSULTING WITH AN ATTORNEY AT TORKLAW
Immediately after being in an accident, it is important that you consult with an attorney to discuss your injuries and damages. At TORKLAW, we will guide you through the process and ensure that your physical and mental injuries are being accurately documented. The sooner you contact us, the sooner we can begin preserving the evidence needed to strengthen your case.
If you have been in an accident, contact TORKLAW today, at (888) 845-9696 for a free legal consultation. There are no upfront fees or hidden costs–we only get paid if we win your case!
