Car accidents can happy to any driver at any time. Although the majority of people concentrate on the physical injuries that can happen because of a car accident, you may also suffer from emotional distress from the accident. Emotional distress can seriously affect your mental health and well-being, resulting in lasting psychological problems.
If you have been dealing with emotional distress after being in a car accident, you may think about suing the at-fault party for compensation. Under the law, you can file a personal injury lawsuit or insurance claim against the driver responsible for the accident. A Toledo car accident attorney can help you with the legal process.
Understanding Emotional Distress
After a traumatic event like a car accident, you can experience a psychological condition known as emotional distress. There are many ways emotional distress can manifest itself including anxiety, depression, sleep disturbances, panic attacks, post-traumatic stress disorder as well as physical symptoms like stomach pain and headaches.
Emotional distress affects you in many ways. And these effects may not be easy to handle. For example, you may feel deeply afraid of getting into a car again or experience flashbacks and nightmares associated with the car accident.
Proving Emotional Distress in Your Claim
Under Ohio law, victims of car accidents can pursue an insurance claim or lawsuit against the driver who negligently caused the accident. Aside from economic losses such as medical expenses, lost wages, and property damage, victims can also claim damages for their pain and suffering including emotional distress.
Proving emotional distress involves presenting evidence that the crash caused your emotional distress. Because this condition is not visible, proving it can be hard. But an attorney knows exactly how to prove emotional distress using the following evidence:
- Medical records. If you have yourself medically evaluated for emotional distress, your attorney can use your related medical records to prove the seriousness of your symptoms. Also, such documents can establish a connection between the crash and your trauma.
- Statements from witnesses. Those who witness the accident can give statements that can be used to establish the facts about the crash. Your family members and friends can also give testimony about your emotional state.
- Testimony from experts. Mental health professionals can testify for you and demonstrate how the car accident impacted you. Your accident attorney can refer you to a professional who can provide you with supporting evidence for your case.
