Imagine this scenario: You’re finally heading home after a hectic day navigating the bustling streets of New York. Suddenly, out of nowhere, a car dangerously veers inches away from yours. In that split second, your heart races, your body fills with adrenaline, and a fleeting montage of your life flashes before your eyes.
You manage to steer clear just in time, avoiding an actual collision, but the scare leaves you shaken to the core. The threat of what could have happened continues to haunt you, causing emotional distress.
Can you sue for this?
The psychological impact of a near-miss accident is often overlooked amidst physical damage and injuries. But it’s important to remember that emotional trauma can be as debilitating as any bodily injury. In order to make the best course of action possible, it is essential to get car accident advice from a personal injury attorney.
What is Emotional Distress?
In the realm of personal injury law, emotional distress refers to a mental health condition triggered by an experience caused by someone else’s negligent behavior. This doesn’t necessarily mean there was a physical impact – even the threat of an accident can sometimes be enough to inflict severe mental anguish or emotional trauma.
What Are the Symptoms of Emotional Distress?
You might be experiencing symptoms of emotional distress, like insomnia, panic attacks, anxiety, and an overwhelming sense of fear, that’s disrupting your life in unimaginable ways. These symptoms are often the aftermath of a traumatic event, such as a near-car accident caused by an at-fault driver or outrageous conduct.
Emotional distress damages can come into play when you find yourself constantly replaying the incident, leading to mental health issues like depression or post-traumatic stress disorder (PTSD).
The symptom list for emotional injuries doesn’t stop there. You may also experience headaches, uncontrollable crying bouts, loss of appetite, or even overeating. These might seem like normal reactions following a scary incident. Still, if they persist for an extended period, it could indicate deeper psychological trauma.
It’s important to seek professional assistance if these symptoms persist, as they can get in the way of your daily activities, making it difficult for you to function normally.
How Long Does Emotional Distress Last?
The duration of this emotional distress can vary depending on many factors, such as the severity of the threat faced, personal resilience, and existing mental health conditions.
It’s crucial to remember that just because you’re not physically injured doesn’t mean you aren’t suffering; in fact, an emotional distress or personal injury claim may be appropriate if negligent behavior caused your trauma.
If you’re finding it hard to shake off this fear and anxiety, there are some steps you could consider:
- Consult a medical expert: They can diagnose any possible mental health condition resulting from the incident and guide you through effective treatment options.
- Counseling and psychotherapy: Cognitive-behavioral therapy (CBT) is often used in treating post-traumatic stress disorder (PTSD) and even depression. A trained therapist helps you understand and change thought patterns leading to harmful behaviors or feelings.
- Medication: Your psychiatrist may prescribe medication as part of your overall treatment strategy for mental health issues.
- Legal action: If someone else’s negligent behavior led to your emotional distress, consulting a lawyer about making an emotional distress claim could be beneficial. This may result in financial compensation and provide closure, enabling better recovery.
Remember, it’s essential not just for your well-being but also for any potential legal case to seek professional aid from a personal injury attorney promptly if you’re experiencing persistent emotional distress following a car accident threat.
How To Prove Emotional Distress
In many jurisdictions, you can sue for emotional distress caused by another’s negligent behavior. However, proving this in court is another matter entirely.
In order to prove emotional distress, it is customarily necessary to establish the following three important elements:
- Severity: You must show that the emotional distress is severe enough to affect your ability to carry out daily tasks or enjoy life as before the incident. This isn’t about momentary fright or mild annoyance; it involves significant suffering often diagnosed by a mental health professional.
- Causation: It’s crucial to directly link your emotional distress to the negligent behavior of the other party involved in the car accident. Medical records, therapy notes, and personal diaries can be substantial evidence.
- Reckless disregard: If applicable, demonstrating that the defendant acted recklessly for others’ safety may increase the chances of fair compensation.
- Physical Manifestation: Although this isn’t always necessary, physical pain or symptoms often help strengthen your case for emotional distress claims.
Remember that laws vary between jurisdictions. Not all allow for suing due to emotional suffering without physical injuries, so consult an experienced attorney who understands this complex area of law.
How Much Money Can You Get for Emotional Distress?
Feeling shaken up after a close call on the road? You might wonder how much compensation you could pocket for that mental distress. In legal terms, you’re asking about emotional distress damages.
Calculating emotional distress damages can vary significantly from case to case. It largely depends on the severity of your emotional trauma, its impact on your daily life, and whether or not you’ve sought treatment.
In some instances, victims have been awarded hundreds of thousands of dollars in emotional distress damages. Some states have caps on emotional distress damages, while others don’t limit the amount.
When making a legal claim for non-economic damages due to a potential car accident, remember to keep all medical records, medical expenses, or therapy bills, as these will be relevant evidence of your suffering. Besides the actual cost of treatment for any mental health issues caused by the incident, courts also consider factors like loss of enjoyment, quality of life, or even future psychological harm when determining compensation amounts.
Understandably, this process might seem overwhelming, but rest assured knowing that many accident victims before you have successfully navigated this legal path to secure fair compensation for their emotional distress post-accident.
Get Professional Guidance from a Personal Injury Lawyer
Navigating the legal landscape can be tricky, but don’t fret – a seasoned personal injury lawyer is just the ally you need to guide you through. This professional will help you understand your rights and determine whether your emotional distress due to a threat from a car accident has legal grounds for a lawsuit.
Their vast experience in handling similar cases lets them know how best to approach your situation. They’ll do their best to see that justice is done. A successful and valid claim requires proof that the distress was severe and directly linked to the incident, which isn’t always easy to establish without expert help.
Your lawyer will gather all necessary evidence, negotiate with insurance providers on your behalf, and, if needed, represent you professionally in court. Engaging in such assistance increases your chances of getting compensated for the trauma endured significantly, ensuring that the party at fault doesn’t escape accountability.
The Law Offices of Stuart M. Kerner, P.C.: Providing Effective Legal Solutions for Your Peace of Mind
The journey towards seeking justice and compensation for mental suffering or emotional distress due to a potential car accident begins by finding capable and experienced attorneys who can advocate for you. This is where the Law Offices of Stuart M. Kerner, P.C. come into play.
At our practice, we understand what accident victims like yourself go through. We are here to help navigate the complex legal landscape, work tirelessly on your behalf against insurance companies, and pursue every cent you’re entitled to in economic or non-economic damages.
Our seasoned team knows how to prove driver negligent behavior and its consequences on your emotional health effectively before a court or during negotiations with insurers. With us by your side, you can rest assured, knowing that you have an experienced ally fighting for what’s rightfully yours.
For a free consultation or to schedule an appointment, call 718-796-7900 today.
Trust us; we’ve got this.
