The Impact of Emotional Distress on Your Personal Injury Claim
Bill Allen | October 17, 2024 | Personal Injury
Being in an car accident can change your life in many ways. While physical injuries are often the main concern, emotional and psychological effects can be just as serious. In Florida, you may have the right to seek compensation for emotional distress as part of a personal injury claim.
Here’s what you need to know about how emotional distress impacts your case and what damages you may be entitled to.
The Full Consequences of an Accident
An accident can affect you in more ways than one:
- Physical Injuries: These range from minor cuts to severe trauma like broken bones or head injuries.
- Financial Strain: Medical bills, lost wages, and repair costs can add up, causing stress and financial pressure.
- Emotional Impact: Feelings of anxiety, fear, or anger can linger long after an accident.
- Mental Health Issues: Conditions like PTSD, depression, and sleep problems can develop and make everyday life challenging.
All of these consequences can make recovery difficult. That’s why it’s important to include emotional distress in your personal injury claim.
What Is Emotional Distress?
Emotional distress means the mental suffering you go through after an accident. It can manifest in different ways, such as:
- Anxiety
- Depression
- PTSD
- Sleep problems
- Mood changes
These issues can be as harmful as physical injuries and should be considered in your claim.
Types of Non-Economic Damages
When filing a personal injury claim in Florida, you may be able to recover both economic and non-economic damages.
Economic damages cover financial losses like:
- Medical bills
- Lost wages
- Property damage
- Out-of-pocket expenses
Non-economic damages cover more personal, intangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of companionship
Non-economic damages recognize that the accident’s impact goes beyond financial costs.
Car Accidents and PIP Insurance in Florida
Florida is a no-fault state, which means car accident claims often start with Personal Injury Protection (PIP) insurance. PIP covers medical bills and lost wages up to a certain amount, no matter who caused the accident. However, PIP doesn’t cover non-economic damages like emotional distress.
To seek compensation for emotional distress, you may need to file a claim against the at-fault driver if your injury meets the state’s “serious injury” threshold. A serious injury can include conditions that cause significant emotional or mental health issues.
Proving Emotional Distress in Your Claim
To include emotional distress in your personal injury claim, you need strong evidence. This could include:
- Medical Records: notes from therapists or doctors documenting your condition
- Personal Testimony: our description of how the accident has affected your emotional and mental health
- Witness Statements: input from friends or family about how your behavior has changed
- Expert Opinions: testimony from mental health professionals explaining your emotional condition
This evidence can help prove that your emotional distress is real and significant.
Contact Our Gainesville Personal Injury Law Firm in North Central Florida
If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
