Proving Mental & Emotional Distress After a Car Accident

January 8, 2021

Accident victims have a legal right to compensation for their damages. While some damages are easily calculated, like medical costs and lost wages, others like mental and emotional distress are more difficult to prove. Often, accident victims find it essential to find a personal injury attorney to help establish the extent of their injuries and protect their right to fair compensation. 

Documenting Mental and Emotional Distress After a Car Accident

Some common signs of post-accident mental and emotional distress include:

  • Event Flashbacks
  • Depression, Anxiety, and Fear
  • Fear of Driving or Traveling
  • Strain in Personal Relationships
  • Angry Outbursts, Crying, or Emotional Instability
  • Unexplained Physical Issues: Headaches, Trouble Sleeping, Stomach Pain, Others

Some research suggests that people with pre-existing mental health conditions are more likely to experience mental health consequences after an accident; however, anyone is susceptible to severe distress after suffering injuries in a car accident. To document this distress, your attorney will help you collect supporting documents. These documents include counselor or therapist records, psychiatric evaluations, copies of antidepressant and mood-stabilizing medication prescriptions, and testimony from friends and family who have observed changes in your mental state following the accident. Additionally, any journals you have been keeping may be collected to help show how the accident has affected your daily life and mental health.

How Is Mental and Emotional Distress Calculated

In car accident claims, personal injury attorneys often use a “general damages multiplier” to assign a value to mental and emotional distress. Victims who suffer serious physical injuries, such as traumatic brain injuries, amputation, or spinal cord injuries, often receive the highest compensation for their mental and emotional distress. 

Seeking Legal Representation

If you have been injured in a car accident, contact us today. Our attorneys can communicate with the other driver’s car insurance in a way that is beneficial to you. The sooner you start the process, the faster we can help you get the compensation you deserve.  Contact us online or at (270) 444-0406 (Paducah, KY) or (270) 753-1529 (Murry, KY) to schedule a free consultation today.




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Emotional Distress Caused by Car Accident




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