Can I Sue My Insurance Company for Emotional Distress After a Car Accident?

Rodemer Kane Attorneys at Law
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Yes, following a car accident, you have the right to sue for various losses, like medical expenses, missed work earnings, the pain you've endured, and emotional distress.

Emotional distress falls under the category of non-economic damages, but getting the money you should after a car accident can be filled with complications, delays, and discrepancies. That's why it pays to have an experienced car accident lawyer on your side, helping you get the full compensation you deserve.

Following a car crash, many people start feeling anxious or upset in a way they haven't experienced before. Some might feel nervous about driving again or being a passenger in a car with someone else at the wheel.

It's also pretty common for crash survivors to have flashbacks, similar to those with PTSD. Alongside physical injuries from the accident, emotional scars can also make it tough to resume regular routines and activities.

Psychological Trauma After Car Accident Compensation

Emotional distress can manifest itself in many ways following a motor vehicle accident. If you're seeking compensation, the first step is to pinpoint the specific emotional struggles you are suffering from as a direct result of the accident.

For instance, if you were previously diagnosed with depression prior to the accident, and it remains unchanged afterward, it's highly unlikely that you'd receive compensation for treatment costs related to your depression.

However, if you develop depression following the accident that wasn't present before or previously diagnosed, you might have a case to seek compensation for the emotional distress you're experiencing as a direct result of the crash.

Let’s examine some of the most common emotional or psychological issues that can arise following a traumatic event like a motor vehicle accident.

Anxiety

After being involved in a car accident, you might start feeling more anxious when driving or even riding as a passenger in someone else’s vehicle. This anxiety might make you scared to get back into a car because you're afraid of getting hurt again. Or maybe you try to avoid places or things that remind you of the accident, or make you feel tense, worried, or upset, even in seemingly normal situations.

But even if you avoid these things, the anxiety can keep growing, especially if you don't talk about it with a therapist or mental health professional. The stress and anxiety from a car accident can stick around for years following the event, even if there weren't any physical injuries.

You might not understand why you feel uneasy in crowded places or jump at sudden noises. But often, these things remind you of the accident. Unfortunately, lots of everyday stuff can make this anxiety worse, making it hard to go about your daily life like normal.

Depression

Dealing with major depressive disorder, commonly known as depression, can be incredibly tough, leaving you feeling like you've lost all drive to carry on with day-to-day life.

Following a car accident, it's common for victims to feel like their situation won't improve, as if their injuries have turned their lives upside down and left them with little joy. Many find it hard to enjoy life after enduring serious injuries from a car crash.

The physical toll of car accident injuries can make it challenging for you to interact normally with others, especially when you need support the most. You might even hesitate to connect with friends and family, especially if you feel misunderstood by those around you.

Depression can disrupt your sleep, appetite, and ability to focus at work. It can leave you feeling drained and unable to tackle everyday tasks.

PTSD

The chaos of a car accident can be overwhelming. The sudden crash, the sound of metal crunching, and the physical pain can leave lasting mental scars.

For those trapped in their cars after the accident, the situation can become even more distressing. Being stuck in the middle of traffic or exposed to other dangers can intensify the mental and emotional suffering.

Many car accident victims develop post-traumatic stress disorder (PTSD). This condition occurs when someone experiences a deeply distressing event, like a car crash, and struggles to cope afterward.

PTSD can show up in different ways. Many people with PTSD try hard to avoid anything that reminds them of the accident. For example, you might avoid driving past the crash site or even avoid getting into a car altogether.

In severe cases, PTSD can cause flashbacks. These are moments when something triggers memories of the accident, and you feel like you're experiencing the traumatic event all over again.

PTSD can make it tough to drive or even ride as a passenger in a car. It can also interfere with daily life, causing distress at the sight of a car or the crash site.

Seeking help from a trained therapist or mental health professional is necessary for diagnosing conditions like PTSD, anxiety, and depression, especially if they stem from a car accident.

How to Claim Emotional Distress Car Accident Compensation

Now that we’ve established that you can successfully claim emotional distress following a car accident, let’s determine the most important points to ensure you are set up to receive maximum compensation for your psychological trauma.

From the very start, it’s important to understand that what you do right after the accident can affect your chances of receiving compensation for the emotional trauma you've suffered. You should always:

  • Talk with a lawyer
  • Seek medical care & get a diagnosis
  • Never talk with the insurance companies yourself

Having a lawyer on your side will help your case, they'll know what evidence to gather and how to present your case for emotional distress damages. Your emotional distress claim may rely heavily on showing that it resulted from the car accident and that it has significantly impacted your life or finances.

If you've been hurt in a car crash, it's important to get the right help to figure out what's wrong and how to treat it. Just like a doctor can help with physical injuries, a psychiatrist, psychologist, or mental health professional can help with diagnosing and treating emotional or mental trauma.

When a psychologist or psychiatrist works with you, they can create records showing how the accident affected your mental health. This evidence can be really helpful if you're trying to get compensation for what you've been through, and what you continue to deal with.

A car accident doesn't just hurt your body—it can mess with your emotions, too. By working with a psychologist or psychiatrist, you can show how the crash has changed your life and caused emotional distress.

Instead of trying to tackle the insurance company on your own, enlist the help of a lawyer - and don’t talk with the insurance company yourself.

Navigating the aftermath of a car accident with your insurance company can feel like an uphill battle. They might keep turning down your valid claims, leaving you frustrated and unsure of what to do next.

Insurance adjusters often try to find reasons to avoid paying out, like pointing to social media posts or pre-existing conditions. For example, if you've posted about spending time with friends after the accident, they might use that against you. Or if you had anxiety before the accident, they might downplay the impact of your current distress.

A skilled accident lawyer can handle these challenges for you. They know how to navigate the insurance company's tactics and build a strong case for your pain and suffering.

So instead of facing the insurance company alone, let a lawyer advocate for you and help you get the compensation you deserve.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Rodemer Kane Attorneys at Law | Attorney Advertising

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