Understanding Car Accident Claims

Emotional Trauma After An Accident: What It Is And How To Prove It

by Lois Gibson

Suffering with physical injuries that resulted from a car accident caused by a negligent driver can be extremely frustrating. After all, these injuries could have been prevented had the other driver followed the laws of the roads. While there is nothing you can do to go back in time to avoid the crash, there is something you can do to help you receive compensation for these injuries. In addition to seeking compensation for your physical injuries, you might also be able to seek compensation for the emotional trauma and distress you are experiencing from the car accident.

What Is Emotional Trauma And Distress?

In personal injury cases, it is quite common for victims to sue for emotional pain, trauma, or distress, and these things refer to damages a person has suffered from emotionally. To qualify for compensation for emotional distress, you must be able to prove a connection between the accident and the feelings you have.

Emotional pain is something that affects the way you feel, your moods, and your enjoyment in life. It is something that can leave you feeling sad and depressed, and it is something that can rob you of the happiness you once felt in life. It can also lead to insomnia for some people, and it can even cause people to isolate themselves from the world.

If your accident has left you feeling like this, you should talk to your personal injury attorney about suing for emotional trauma.

How Can You Prove That You Were Affected Emotionally?

Proving physical injuries in a personal injury case is usually a relatively easy task, but proving emotional injuries can be a lot harder. Through the help and advice of your lawyer, you should be able to prove your emotional trauma by using the following methods:

  • Reports from your doctor and counselor – Letters or reports from your doctor or therapist are perfect for proving emotional trauma. A letter from a therapist, for example, that stated the correlation between the accident and how you feel would be a credible piece of evidence to show to the court.
  • Letters from close family members and friends – The people you are closest to may also be able to offer testimony of the effects the accident had on you, and your lawyer may ask some of your friends or relatives to write these types of letters to the court.
  • A journal that records your feelings – One big step you can take to prove this is keeping a journal. You should record all the feelings you have after the accident, and you should include details of how this accident has changed your life for the worse.

You should follow the advice your lawyer gives you for proving emotional stress, as this may help you prove to the court that the accident definitely caused the stress you are going through.

How Do Courts Compensate Victims For Emotional Trauma And Distress?

Coming up with a dollar amount to compensate you for the emotional trauma and distress you are suffering from is not easy, and there is no magical formula used by the courts for this. Every case is very different, but most courts base the amount on several key factors.

The main factor is the severity of the trauma you have experienced, and this is something the court determines through the evidence you provide. The more evidence you have, the more likely you will be to receive a large amount of money for compensation. Another factor the court will use is the duration of your emotional stress. If you only felt trauma for a couple weeks after the accident, you are not likely to receive as much money as you would if you experienced feelings of trauma for years after the accident.

If you were injured and are suffering emotionally from a car accident, talk to a personal injury attorney. You might be able to receive compensation for your physical and emotional injuries, and a personal injury lawyer can help you with this.