Major car accidents can cause emotional distress, including anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD). Some victims may recover compensation for their emotional trauma and mental suffering after a crash, particularly in fault-based claims. This is possible when you pursue an insurance claim or lawsuit based on severe injuries.
Hiring a Tampa car accident lawyer is an effective way to explore your options for seeking compensation for emotional distress damages after a crash. Your lawyer will know how to claim emotional distress after an accident and can explain when and how you can do so.
What Is Emotional Distress In A Florida Car Accident Claim?
Emotional distress falls under the category of non-economic damages. These are the intangible damages a victim suffers, which by their very nature do not have a monetary value. Unlike economic damages—medical expenses and lost income—that are easily quantifiable, non-economic damages such as physical pain and suffering and distress are subjective in nature.
In Florida, not all accident victims can recover compensation for emotional distress and other non-economic losses. Most cases involve only a Personal Injury Protection (PIP) no-fault car accident claim. These policies do not cover non-economic losses. Only fault-based claims will pay for this type of damage.
When Are You Eligible To Sue For Emotional Distress In Tampa?
Florida law allows car accident victims to seek compensation for emotional distress if they suffered a permanent injury as defined in Florida Statutes § 627.737. Under this statute, emotional distress claims are a type of pain and suffering damage. These damages are possible when the victim has:
- Permanent injuries
- Significant and permanent loss of an important bodily function
- Significant and permanent scarring or disfigurement
- Death
If your emotional trauma stems from a serious injury accident, your attorney may be able to seek financial compensation to pay for your distress, mental suffering, anxiety, depression, PTSD, and any other related psychological conditions. Your medical care for these conditions is also recoverable as an economic damage. However, this requires clear evidence that links your condition with your accident.
Understanding “Emotional Distress”
To recover compensation for emotional distress, you will likely need documentation of your distress. Many car accident victims receive a diagnosis and mental health care following serious, life-altering injuries. The medical records documenting this diagnosis are often used to support a claim for compensation.
Some issues you might encounter that constitute emotional distress include:
- Anxiety and Fear: Some auto accident victims experience paralyzing fear and anxiety following a crash, especially when riding in a car or driving.
- Depression and Hopelessness: Victims often experience depression after a catastrophic injury. This could be related to reduced enjoyment of life or activities, an inability to work, or loss of independence or mobility.
- Sleep Disorders: Insomnia and nightmares are common after a collision.
- Post-Traumatic Stress Disorder: Victims may relive the traumatic event or have other significant PTSD symptoms.
How Accident Victims Can Establish Emotional Distress Damages
Emotional distress is inherently subjective. This makes it more challenging to prove compared to physical injuries. However, with the right documentation and evidence, a Tampa car accident attorney can build a strong case for recovering this type of damage.
Some of the evidence often used to demonstrate emotional distress in these cases includes:
- Medical Records: Medical records from mental health professionals should show a diagnosis and treatment for anxiety, PTSD, depression, or other mental health conditions following the accident.
- Testimony From Mental Health Experts: Your attorney will have resources to connect them to mental health professionals. Psychiatrists, psychologists, or therapists can provide expert testimony about the effects the crash had on your mental well-being.
- Effects On Your Quality of Life: Your lawyer may present evidence of behavioral changes, reduced activities, or other observable signs of distress.
- Prescriptions for Medication: Records of prescriptions for anti-anxiety, antidepressant, or sleep medications can support the claim.
How Emotional Distress Damages Are Calculated In Tampa Car Accident Cases
By their very nature, there is no economic value for emotional suffering. However, Florida law does not provide a fixed formula for calculating these damages. Instead, your lawyer and the insurance companies will use industry conventions, similar cases, and documentation of the accident’s effect on your life to determine how much might be fair.
Putting a fair value on emotional distress is not something individuals can do accurately in their own case. Working with a car accident lawyer is the best option to ensure you understand the full value of your case before you decide to accept or counter a settlement offer.
How A Tampa Car Accident Lawyer Supports Your Emotional Distress Claim
Given the complexity of documenting emotional distress, having an experienced Tampa car accident attorney on your side is invaluable. Your attorney will:
- Gather Evidence and Documentation: Your lawyer will work with mental health professionals to obtain medical records, treatment plans, and expert testimonies to support your claim.
- Negotiate with Insurance Companies: Insurance companies often undervalue claims, but a skilled lawyer will negotiate for fair compensation for both the economic and non-economic damages you endured.
- Represent You in Court if Needed: If the insurance provider refuses a fair settlement, your lawyer can file a lawsuit, prepare for trial, and present your claim in court. They will present the necessary evidence and fight for the compensation you deserve.
While you generally have up to two years to file a personal injury lawsuit based on Florida Statutes § 95.11, your attorney will have many steps they must complete before deciding if legal action is necessary. Getting started as soon as possible after your crash is a good idea.
Learn More About Emotional Distress Claims In Tampa Car Accident Cases Today
At the Law Offices of Anidjar & Levine, we provide free consultations for those who suffer serious injuries in motor vehicle accidents. Our Tampa car accident lawyer can pursue damages based on your economic and non-economic losses. You were hurt, and our law firm can help.
Contact us today for your free initial consultation.
