The consequences of an accident can be scary, but a personal injury accident lawyer can help. They can work to get you the compensation you need to recover from the physical, mental, and emotional damages you are experiencing. This guide will look at what you need to know about suing for emotional distress when filing a personal injury claim.
The Effects of an Accident Are More Than Just Physical
A personal injury accident can leave you with more than physical injuries—it can impact your emotional well-being and mental health. Feelings of:
- Anxiety
- Depression
- Emotional distress
are common, especially for victims of car accidents and other traumatic events. It’s important to remember that you could start to feel these things immediately after the accident, or not for weeks afterwards. Regardless of when they start, it’s important that you have the resources to help yourself heal.
Having a skilled personal injury accident lawyer can help you seek the compensation you need for your recovery.
The Emotional Impact of Personal Injury Accidents
In addition to facing physical injuries, many accident victims experience mental health challenges. They can include:
Depression after a car accident
- Hopelessness
- Fatigue
- Disinterest in daily activities
all are common feelings following a traumatic event. Feelings like this can compound the physical healing process.
Anxiety and PTSD
Personal injury accidents can lead to:
- Recurring fears
- Nightmares
- Hyper-awareness
These can have a powerful impact, as they will “force” you to relive the trauma of the incident.
Emotional distress
The overall stress of:
- Medical bills
- Lost income
- Adjusting to new limitations
can take a toll on your quality of life.
For many victims, their emotional injuries can be just as overwhelming as their physical ones. If you are suffering from depression after a car accident or having mental health challenges, it’s important to consider legal options to seek compensation for your emotional pain.
Suing for Emotional Distress
Most state laws allow accident victims to pursue damages for emotional harm through an emotional distress lawsuit. This type of claim falls under personal injury law. It applies when someone’s negligence or intentional actions cause emotional suffering.
As Ohio-based personal injury lawyers, we have extensive experience helping victims file an emotional distress lawsuit in Ohio. Whether you’ve suffered emotional harm from a:
- Car accident
- Truck accident
- Other traumatic event
our team of responsive personal injury accident lawyers are here to guide you through your personal injury claim.
Types of Emotional Distress Claims
1 – Negligent Infliction of Emotional Distress (NIED):
If someone’s careless behavior caused an accident that led to you experiencing emotional harm, you may be able to file a personal injury claim.
Two of the incidents that can trigger a claim for NIED are:
- Witnessing a catastrophic car crash
- Experiencing severe trauma
2 – Intentional Infliction of Emotional Distress (IIED):
If someone’s intentional, or reckless, behavior caused you to undergo emotional suffering, you may be eligible for compensation.
Emotional Distress Lawsuits in Ohio
When filing a personal injury claim, it’s important to include your physical injuries and emotional damages. Emotional distress damages can cover:
- Therapy or counseling costs
- Treatment for anxiety, PTSD, or depression
- Lost quality of life
- Emotional suffering and pain
For example, you may be experiencing depression after a car accident. Including emotional damages in your personal injury claim can provide you with the resources you need to and move forward.
Proving Emotional Distress
To successfully establish an emotional distress lawsuit in Ohio, you will need evidence to prove your case. As part of this process, your personal injury accident lawyer may want to collect:
- Medical and therapy records
- Expert testimony (e.g., from mental health professionals)
- Personal journals documenting your emotional challenges
- Witness statements
Why You Need a Personal Injury Accident Lawyer
Emotional distress lawsuits in Ohio can be complex. They often require an experienced, skilled personal injury accident lawyer. Here’s how a lawyer can help:
- Evaluate your case to determine whether you have grounds to pursue emotional distress damages.
- Build a strong claim by collecting the evidence needed to prove the extent of your emotional suffering.
- Negotiate a fair settlement by advocating for the top amount of compensation possible. This can be needed to help you with therapy costs, lost wages, and pain and suffering.
- Represent you in court, if negotiations fail.
If you’re considering suing for emotional distress, you don’t have to face the legal process alone. A knowledgeable, and compassionate, personal injury accident lawyer can help. They will work to help you receive the compensation you need to heal.
Take the First Step Toward Healing With Spivak & Sakellariou
After an accident, you don’t have to struggle with emotional distress, including depression, alone. A personal injury accident lawyer can provide the support and experience you need for an emotional distress lawsuit in Ohio.
At Spivak & Sakellariou, we’re here to fight for your full physical, financial, and emotional recovery. We specialize in personal injury claims and understand the challenges that accident victims face. As your personal injury accident lawyer, we can help you take the first step toward recovery.
