Imagine you’re enjoying the day when a reckless driver unexpectedly slams into your car. While your physical injuries are apparent, the emotional toll of this experience is not as clear-cut. Catastrophic crashes can traumatize people and cause them to have recurring emotional issues related to the crash.
Examples of emotional damage would include experiencing constant fear and anxiety that you’ll suffer a crash and get injured every time you get into a car. Or, you could have recurring flashbacks of the accident that make you feel like you are reliving the event over and over again. Some people become recluses and homebodies for fear of driving or traveling even short distances. Trauma can manifest itself in any number of ways, but they all have a strongly negative impact on your life. Despite their intangible nature, these losses are real, and California recognizes a victim’s right to recover compensation.
If you experienced injuries in a car accident, how do you know if you have a claim for emotional distress? What steps do you need to take to recover compensation? Today, the lawyers of the Frederick Law Firm will provide a brief overview of what to expect when you pursue an emotional damages lawsuit.
What Is an Emotional Damages Lawsuit in California?
Not every negative experience due to someone’s negligence qualifies for emotional distress damages. There are criteria you must meet to prove your damages and strengthen your case for compensatory relief from the liable party.
Severe Emotional Distress
Severe emotional distress goes beyond everyday annoyances or inconveniences. To be successful in a claim for emotional damages, your emotional harm must be substantial and significantly impact your daily life. A successful emotional distress lawsuit usually involves a victim who experiences constant fear that prevents them from driving again or engaging in life in the same way as before the crash. Or, as the victim, you might suffer debilitating anxiety that disrupts your work and relationships with friends and family.
Causation
You must establish a clear link between the other party’s negligence and your emotional distress. You must prove that the negligent party’s actions directly caused your accident and subsequent emotional turmoil.
Physical Manifestation
In some cases, evidence that the emotional distress physically manifested in your body can strengthen your claim. Examples of physical manifestation include a victim who has insomnia, panic attacks, or even digestive issues after their accident. A physical manifestation may not always be required, but your attorney can determine whether this is necessary to prevail in your lawsuit.
Despite their subjective nature, you deserve to recover compensation for emotional losses that significantly impact your ability to move forward after a traumatic event.
The Evidence Needed to Build Your Case
Proving emotional distress can be tricky. Let’s look at some critical evidence you’ll likely need.
- Medical records. Detailed medical documentation is critical. Reports from therapists, psychiatrists, and doctors outlining your symptoms, diagnosis, and treatment plan are essential.
- Witness statements. If anyone witnessed your accident and the emotional aftermath, their statements can help to support your claim. This could include close friends or family members who watched your behavior change after the crash.
- Journals. Keep a daily journal to document your emotional state, including sleep patterns, anxiety levels, and how the accident has impacted your day-to-day life. Since these are subjective losses, such evidence can be powerful.
Your attorney reviews this documentation to build a solid emotional damages lawsuit in California on your behalf.
The Legal Journey: Securing Compensation Through Settlements or Verdicts
Once you build a strong case with your lawyer, it’s time to pursue compensation. There are two main paths to obtaining the needed compensation.
- Settlement. Most personal injury cases are resolved when the parties reach an agreed-upon settlement outside of court. Your attorney will negotiate with the at-fault party’s insurance company and opposing counsel to reach a fair settlement that covers the extent of your damages.
- Trial. If negotiations fail, your lawyer prepares your case for litigation. They will present your case to jurors, who will decide if the other party is liable and how much compensation they owe you.
The process can take time. It’s essential to be patient, focus on your recovery, and trust your lawyer to handle the legal battle.
Taking Charge of Your Recovery
While emotional distress claims can be complex, the compensation you receive can make a real difference in your healing journey. Don’t underestimate the impact of the emotional trauma you’ve experienced. Understanding the criteria, gathering evidence, and seeking legal help helps you reclaim your peace of mind and secure the compensation you deserve.
Contact Us
For the past 40 years, the legal team at the Frederick Law Firm has advocated for victims injured in accidents. We treat our clients like family during the most challenging time in their lives. Our legal team ensures that you are never taken advantage of by insurance companies or other adversaries. Our extensive experience and stellar reputation in the community give all our clients the upper hand in achieving the best possible outcome.
The Frederick Law firm is the solution you need. No case is too complex. We are here to help and provide personalized legal services that put your concerns and worries to rest as you focus on healing and recovery.
Contact us today by phone or email to learn more about how the Frederick Law Firm can help you get the compensation you deserve!
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