File an emotional distress claim in a lawsuit
Many people involved in a serious accident do not immediately show signs of emotional distress. Physical injuries are easier to spot, but the mental and emotional damage that an accident can cause is not. In some cases, emotional distress can cause immense pain and last longer than physical trauma, becoming a lifelong problem.
If you suffer emotional distress after witnessing an accident in California, you may also have the right to file a personal injury claim. Let’s explore inflicting mental anguish after a car accident and damages you may be able to recover.
How do you define emotional distress?
Legally, emotional distress includes psychological sequelae from a car or other accident. Although the nature of emotional distress differs from person to person, collectively it represents psychological injuries such as:
- Anxiety: This is a feeling of unease that the person did not have before the accident. Some describe it as a feeling of foreboding or a feeling that something bad is about to happen. It can cause physical symptoms such as rapid heartbeat, sweating, increased breathing, and muscle pain. Professional help is often needed to deal with anxiety because it can interfere with a person’s ability to enjoy life.
- Fear: This ranges from an indefinite feeling of fear to fear that the accident will happen again. Specifically, a person involved in a car accident may be afraid to drive or be a passenger in a vehicle for fear that an accident will occur. This type of fear can be all-consuming and drastically change a person’s life.
- Depression: The emotionally distressed person may be unable to see the positive aspects of their life and repeatedly dwell on the negative in multiple ways. Medical and psychological help may be needed to overcome this.
- post-traumatic stress disorder: Similar to other traumatized people, an emotionally distressed person may develop post-traumatic stress disorder. Typically, this is triggered by being or witnessing a traumatic event. It is often accompanied by flashbacks, significant anxiety and nightmares.
- Guilt/Grief: This is a common feeling of guilt after a serious accident. It is hard for some to believe that the accident was not their fault and that nothing they could have done would have changed the course of events. This feeling of grief and guilt can linger for weeks, months, and even years after the incident.
Recovery of damages for emotional distress
In California, anyone suffering from severe emotional distress as a result of an accident can bring a lawsuit against a negligent party with the help of an accident attorney.. It is not necessary to suffer physical injury to file a claim for negligent infliction of emotional distress. In such cases, the plaintiff must prove that the offending party acted with reckless abandon or lack of care for others. This type of lawsuit is technical and the personal injury attorney should have the experience and resources to handle it.
Personal Injury Lawyers in Roseville
I am Ed Smitha Roseville personal injury lawyer. Emotional distress can be claimed in certain cases in California. If you have suffered severe emotional distress and would like to learn more about filing a claim for damages, contact our personal injury attorneys for their free and friendly advice at (916) 921 -6400 or at (800) 404-5400. You can contact us online as well.
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Photo attribution: Image by Enrique Meseguer from Pixabay
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