It’s only in a few cases that auto crash victims may come out without a scratch. Usually, they will sustain mild, moderate, or severe injuries that will require medical attention. The most common auto accident injuries include traumatic brain injuries, whiplashes, spinal cord injuries, broken bones, cuts, lacerations, etc. In any such cases, your Dunwoody car accident attorney can help you get compensation if someone else caused them.
The type of compensation you’ll receive depends on numerous factors. Usually, however, most victims get economic damages that cover their medical bills, lost wages, and property damages. You may also get non-economic damages for your emotional trauma and psychological injuries.
Getting compensation for emotional distress can be pretty tricky. First, what does it mean, and how can you prove it? Secondly, how can anyone confirm the monetary value of emotional distress? We’ll discuss all those in the course of this article.
Let’s get started!
What Does Emotional Distress Mean?
There’s another name for emotional distress as it relates to an auto crash lawsuit; it’s “pain and suffering,” which refers to the psychological loss you may suffer after an automobile crash. Emotional distress isn’t visible but is traumatizing anyway. So, accident victims deserve compensation for this kind of injury too.
There are many types of emotional distress or pain and suffering. They include humiliation, depression, fear, anxiety, and uncontrollable crying bouts. Sometimes, victims also have insomnia and emotional outbursts.
While you can easily prove physical injuries with photographs, it’s pretty different with emotional distress. Many times, you may have to call your friends, family, and psychologists to testify in your favor. You may also prove emotional distress by showing that you no longer have the mental capacity to work.
The Common Sources of Emotional Distress
You already know that auto accidents are a significant cause of pain and suffering. However, many other situations may cause you emotional distress. They include the following:
- Defective Products: Physical injuries from defective products can cause emotional distress for victims.
- Wrongful Death: When someone dies after an accident, their families and friends will usually suffer emotional distress from the grief.
- Nursing Home Abuse: Nursing home abuse can directly impact the victim’s mental health and cause them pain and suffering.
- Traumatic Brain Injuries: Emotional distress is one of the significant psychological symptoms of brain trauma.
- Slips and Falls: Slips and falls can be embarrassing, especially when it happens in public.
How Can I Determine the Value of My Emotional Distress in an Auto Crash Lawsuit?
Since emotional distress isn’t a monetary loss, it can be challenging to value your pain. However, in awarding damages for your pain and suffering, a judge will consider the following:
- The severity and nature of your injuries. The circumstances surrounding your accident matters in a claim for emotional distress. In serious accidents that cause severe injuries, your compensation amounts go higher.
- How long it will take you to recover from your injuries. Typically, the longer your recovery process, the higher your chances of getting huge compensation.
- Whether you suffered permanent disability. If your injuries caused a permanent disability and are life-altering, you will get more compensation than if they weren’t.
What if I Didn’t Suffer Any Physical Injuries in the Auto Crash?
Georgia applies the ‘impact rule’ to emotional distress claims. That means that you cannot get emotional distress damages in a personal injury lawsuit without physical injuries. Thus, to recover damages for emotional distress in Georgia, you must show the following:
- That you suffered physical impact from the auto crash
- The physical impact caused your bodily injuries
- That you suffered mental or psychological trauma from the injuries
So, you may speak with your Dunwoody personal injury attorney to verify if you qualify for emotional distress damages.
Feeling Distressed From a Dunwoody Car Accident? Talk to an Auto Crash Lawyer Immediately!
While emotional distress may not always be as glaring as bodily injuries, it may cause as much havoc to the victim. In many cases, psychological harm may last many years and alter your life in significant ways. So, you deserve maximum compensation for all the pain and suffering you will have to endure.
Our Dunwoody personal injury attorneys share in your pain and will get you swift justice once you instruct us to. At The Weinstein Firm, our sole aim is to make them pay for what they’ve done to you. From your settlement negotiations to court sessions and everything in between, we’re for you every step of the way. Contact us for a free consultation now.