Whether you are in an accident with another vehicle or a truck slams into you unexpectedly, the events create numerous losses for many people, and often, those losses are more than just physical. Emotional distress, mental anguish, and even downright trauma can occur in many situations, and when it does, it can impact your future, your confidence on the road, and your ability to live your life.
So, can you claim emotional distress after a traffic collision? It is important to speak to a Rancho Cordova car accident lawyer to discuss the details of your case. At Triumph Law, we have years of experience helping injured persons recover the compensation they deserve.
What Are Your Rights for Emotional Distress?
If you are in a car accident, you have the legal right to seek out fair compensation for your losses, and that includes all losses, including the emotional distress or PTSD you have. In car accidents and personal injury, many people instantly believe they can only file a claim for their medical bills and the time they missed at work, but that is not the case. This accident likely did much more to you than just cause those physical ailments, and as a result, you have the right to fair compensation for your emotional distress.
This type of claim falls under California personal injury case law, which defines when a person can file a personal injury claim and what they can obtain in compensation for their losses. If you can prove that you suffered emotional distress as a direct result of your car accident and that it was negligence that created this risk, then you should be able to file a claim that includes emotional distress. This is a type of non-economic damage that is recognized in the state.
Keep in mind that as a type of non-economic damage, it can be much harder to file a claim for emotional distress than it typically is for economic losses like medical bills. However, with the help of our Rancho Cordova car accident lawyers, it may be possible for you to prove you are owed substantial compensation for the losses you have. Do not wait to reach out to our legal team at Triumph Law to learn how we can help you with this.
Your Triumph Is Our Triumph(916) 500-0000
What Is Emotional Distress?
Emotional distress, like PTSD, is a term used to describe unpleasant emotional reactions a person has to a situation, like a car accident, that is brought on by another person’s negligence. Emotional distress opens the door to being able to obtain compensation for your losses, including the financial support you may need to pursue additional help for your mental health challenges or to compensate you to some degree for your losses. By all means, it does not erase what happened, but it aims to facilitate support.
There are many ways that people can express emotional distress, as everyone reacts in a different manner when they are faced with challenging situations. There is no wrong way to exhibit emotional distress after an accident, but you must show to the court that, in some way, this event has impacted your mental health. Some examples of this may include:
- Feeling hopeless
- Worrying constantly
- Experiencing overwhelming fatigue
- Being easily angered or expressing mood swings
- Having trouble concentrating or thinking
- Having unexplained physical pain
- Struggling with memory
Recognize that Emotional Distress Can Impact You in Various Ways
When you speak to your car accident attorney in Rancho Cordova about emotional distress, we will talk to you about what you are feeling and how this has impacted you. Again, everyone is different, but many people may notice changes in their ability to sleep, difficulty with relationships, and mood swings that indicate a need for mental health care. Some people are impacted at home, work, school, or in other ways, and we need to examine all of them.
Contact Us for A Free (916) 500-0000
& Confidential Consultation
How do You Prove Emotional Distress Under California Law?
One of the most important reasons to work with our car accident attorney is that we can help you navigate filing a claim for emotional distress. We do this along with being able to have the evidence to substantiate it. Ultimately, the burden of proof is on you, the victim, to show to the insurance company and the court as a whole that you are suffering from emotional distress impacting your life directly related to the car accident.
There are many ways to do this, and our Rancho Cordova accident attorney will help you determine what applies to your situation. The key here is to show that you have been impacted and then to present evidence of how that has occurred. The court will consider factors like the following in making that decision:
- Did you experience any physical or emotional symptoms of stress, and are you continuing to experience them?
- What is the intensity of that emotional distress, and how can you prove that?
- What is the direct cause of the distress you have?
- What physical evidence is there to prove this?
- How can you demonstrate emotional distress?
What Evidence Can You Present in Emotional Distress?
Presenting actual evidence of your emotional distress in a way the court can recognize this can be a challenge, but our car accident attorney can help you to do so. We can use things like medical records and therapist notes to provide more details about this impact. We can also talk to family members, friends, and others who have contact with you who can help to show details about what occurred, when it started to impact you, and what has happened to you since the accident that could relate to emotional distress.
Receive the Triumph You (916) 500-0000
Need & Deserve Today
Set Up a Free Consultation to Discuss Emotional Distress Losses in Your Car Accident
At Triumph Law, P.C., our car accident attorneys in Rancho Cordova can help you determine what all of your losses are after an accident like this, including whether emotional distress applies in your case. Our first step is to set up a free consultation – at no cost or obligation to you – to better understand what your losses are and to show that the other party was responsible for them. Call Triumph Law, P.C., now to determine how we can pursue compensation for your losses.