Is one entitled to compensation for emotional trauma after an automobile accident?
Car accidents are devastating and shattering experience for people involved in it. After experiencing an automobile accident, one often looks for any signs of physical injuries and bleeding. But accidents can also cause emotional distress and trauma to the victim besides physical wounds. There are times when a car accident can leave on mentally and emotionally scarred for a long time.
Like how one can file a lawsuit for compensation for physical injuries and property damages, the victim can do the same for emotional trauma. Auto accident attorneys Virginia Beach are proficient at handling lawsuits for financial compensations caused due to tangible and intangible damages.
Emotional Distress and Mental Anguish
In legal terms, the court classifies pain and suffering as physical and emotional. Physical pain and suffering signify or represents bodily injuries and their impact on a person’s physical condition due to the accident.
On the other hand, emotional distress signifies mental harm or stress caused by the defendant’s actions during or after the accident.
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress is another legal term used by auto accident lawyer Virginia Beach when representing their client. It is a legal theory wherein the reckless act of the driver leaves the victim mentally traumatized. According to the negligent infliction of emotional distress, the driver is held accountable for the victim’s mental injuries caused due to the accident.
Intentional Infliction of Emotional Distress
Personal injury lawyers also handle accident cases where their clients are intentionally emotionally traumatized by the at-fault driver. Such a scenario is referred to as intentional infliction of emotional distress. The court may hold the defendant accountable for causing emotional pain to the victim.
Post-Traumatic Stress Disorder
People can suffer from emotional trauma or distress if presented with a traumatizing situation or get involved in a stressful event. While one can overcome their anxiety and despair with professional care and medical supervision, it takes time and effort.
A survey has revealed that over 9% of car accident victims have PTSD or post-traumatic stress disorder. If you have undergone a traumatic car accident and suspect PTSD, here are some common signs:
- Avoidance: One of the most common signs of PTSD after a car accident is avoidance. If the mere mention of the car accident, incident site, or people stresses you and you want to avoid remembering them, you might have PTSD.
- Intrusive memories: Experiencing flashbacks, nightmares, terrors of the accident.
- Change swings: Emotional numbness or negative outlook of life soon after the accident can also indicate PTSD.
Compensation for Trauma After a Car Accident
The plaintiff is entitled to compensation for emotional distress if their lawyer can prove their case. The court can award financial damages to the victim, which covers economic and non-economic damages.
While economic damages are awarded against injury-related expenses like medical bills, wage loss, and property damage, non-economic damages are given to compensate for the emotional suffering and traumas.
How Do I Prove Emotional Distress?
Physical injuries due to a car accident are easy to record and establish before the court. However, mental distresses are hard to prove and establish. Thus, one must hire auto accident attorneys Virginia Beach for personal injury cases involving mental trauma.
