When it comes to proving anxiety due to a car accident in Texas, victims may face the daunting task of substantiating their emotional distress alongside their physical injuries. While physical pain and medical bills are often tangible evidence of the harm suffered, establishing mental suffering and emotional trauma can be more challenging.
Anxiety, along with other psychological symptoms such as Post-traumatic Stress Disorder (PTSD) and panic attacks, can be a significant consequence of a traumatic car accident. In Texas, it is vital for victims to understand how to prove and seek compensation for anxiety or emotional distress damages that arise from such incidents.
With the help of an experienced car accident attorney in Dallas TX, victims can gather the necessary evidence to support their claims.
What to Do Right After a Car Accident
Car accidents can leave lasting physical and emotional scars on the victims involved. While physical injuries are often evident and easily proven, emotional distress may not be as apparent. Here are a few things car crash victims can do to prove liability in a personal injury case:
1. Seeking Medical Attention
To strengthen a personal injury case that includes emotional distress and physical injury, seeking immediate medical attention following the car accident is critical.
This medical documentation will help establish a link between the accident, physical injuries sustained, and subsequent emotional trauma. Consulting healthcare professionals specializing in treating anxiety and PTSD can be particularly beneficial.
2. Securing Proper Documentation
Additionally, verified documentation should support the personal injury claim involving anxiety from a car accident.
This paperwork may include medical records, diagnostic test results, and any referrals to mental health professionals. A detailed record of mental and physical symptoms, such as panic attacks, insomnia, or physical pain, can further strengthen the case.
3. Expert Evaluation and Testimony
Plaintiffs should hire a personal injury attorney who understands the intricacies of mental anguish and emotional distress damages in personal injury cases.
They can help gather the necessary evidence, such as testimonies, reinforcing the victim's claim for emotional distress damages. An experienced attorney can guide clients through the legal process and ensure their rights are protected.
The Most Common Symptoms of Emotional Distress
Emotional distress can manifest in various ways, mentally and physically affecting individuals. It is essential to recognize the symptoms to seek appropriate support and understand the impact of mental anguish.
1. Shortness of Breath
One physical symptom often associated with emotional distress is shortness of breath. When feeling overwhelmed or anxious, individuals may experience difficulty breathing, tightening in the chest, or a sensation of not getting enough air. This symptom is closely linked to increased stress levels and can be alarming for those who experience it.
2. Chest Pain
Emotional distress can also manifest as chest pain, often described as a sensation of pressure, tightness, or discomfort.
While chest pain can have various causes, including physical conditions, it can also be a sign of severe emotional distress. It is important to consult medical professionals to rule out other underlying causes.
Occasionally, victims may be rushed to the ER due to false cardiac arrest cases, but this only shows the seriousness of the issue.
3. Irritability
Feeling easily agitated or irritated is a common psychological symptom of emotional distress. Extreme mood swings, increased sensitivity, and a shorter temper can indicate suppressing emotional anguish.
Recognizing irritability as a symptom can help individuals identify and address the underlying emotional distress they may be experiencing.
4. Exhaustion
Emotional distress can also take a toll on a person's physical energy levels, leading to feelings of exhaustion or chronic fatigue. Individuals who suffer from emotional distress often find it difficult to get out of bed or carry out daily tasks due to a persistent lack of energy.
Pain and Suffering from Physical Injury Vs. Mental Anguish
In personal injury claims, victims can seek compensation for the harm they suffered from an accident. Reimbursement usually includes both economic and non-economic damages. While physical injuries like broken bones or whiplash are more easily quantifiable, emotional distress damages can be more challenging to grasp.
The injured party can present medical records and treatment reports from healthcare practitioners regarding physical injuries.
With this evidence, it is easier to determine the extent of the physical damages and come up with a rough estimate of the compensation needed. Insurance companies and experienced car accident lawyers can draw on the estimate to negotiate the right amount for their clients.
On the other hand, emotional distress is often related to the trauma a victim experiences following an accident. This can include Post-traumatic Stress Disorder (PTSD), severe emotional trauma, panic attacks, and other mental suffering.
Unlike physical injuries, emotional distress is not as visible or quantifiable. Victims must provide evidence of their suffering to establish a claim for emotional distress damages. This can be through treatment bills for therapy or counseling, testimonies from mental health professionals, or documentation of its impact on their daily lives.
Experienced personal injury attorneys specialize in representing clients who have suffered emotional trauma and can help navigate the complexities of these claims. They can explain situations like Can you sue for emotional distress after car accident in Texas?
The Two Types of Emotional Distress
The law recognizes that victims of emotional distress have the right to seek compensation from the responsible party. There are two types of emotional distress claims: intentional infliction and negligent infliction.
1. Intentional Infliction of Emotional Distress
This is when someone purposely acts in a way meant to cause significant emotional harm to another person. In legal terms, this means that the accused acted violently and intentionally to cause emotional distress to the victim.
To file a claim for intentional infliction of emotional distress, the victim must prove that the defendant purposefully acted in a way that would cause emotional distress. This could include physical assault, threats, or any other intentional act that inflicts severe mental distress upon the victim.
Victims may be entitled to compensation for their suffering and any associated damages in cases where they can prove intentional infliction of emotional distress.
2. Negligent Infliction of Emotional Distress
On the other hand, negligent infliction of emotional distress arises from negligence. This happens when an individual fails to exercise reasonable care, ultimately causing harm to another person.
Negligence can take many forms, from driving recklessly, texting while behind the wheel, or breaching Texas road laws.
To claim negligent infliction of emotional distress, the plaintiff must be able to prove that the other party was careless in their actions. A car accident victim may argue that the at-fault driver's irresponsible actions directly resulted in their emotional distress.
If successful, the victim may be entitled to compensation from the at-fault party's insurance company for the emotional distress they experienced due to the car accident.
A Personal Injury Attorney Can Help Victims Secure Maximum Compensation for Emotional Distress
In legal contexts, mental trauma damages refer to the compensation sought by individuals who have suffered emotional distress, such as post-traumatic stress disorder (PTSD), due to car accidents or personal injuries.
Victims who have suffered severe emotional distress may pursue a personal injury claim with the assistance of an experienced car accident lawyer to cover medical bills, therapy expenses, and other related costs.
Emotional distress is a common consequence of car accidents and other traumatic events. Unfortunately, it can be just as debilitating as bodily injuries, and victims often struggle with the aftermath of a traumatic event.
Fortunately, there is legal recourse for those who have suffered emotional distress due to the intentional and negligent acts of others.
A personal injury lawyer with expertise in car accident cases can be invaluable when seeking compensation for emotional distress. They understand the complexities of emotional distress claims and can help victims navigate the legal system to secure the maximum compensation they deserve.
Legal Representation
Car crashes can cause not only bodily injuries but also significant mental trauma. Many victims develop symptoms of emotional distress, such as anxiety, depression, PTSD, or other mental health issues.
These conditions can profoundly impact the victim's overall well-being and quality of life, making it even more crucial to seek financial compensation.
The at-fault driver's insurance company may often downplay the emotional toll of the car accident, focusing mainly on visible injuries. They may try to undervalue emotional distress claims or outright deny them, leaving victims feeling helpless and overwhelmed.
Maximum Compensation
A skilled attorney understands the nuances of emotional distress claims and can present them effectively to insurance companies and in court if necessary. They will gather evidence, interview witnesses, collect medical records, and consult with experts to build a strong case in support of the victim's emotional distress claims.
Moreover, a personal injury lawyer will fight fiercely for the victim's rights and negotiate with the insurance company. They will not settle for anything less than fair and just compensation for their client's mental trauma.
By having a dedicated legal advocate, victims can level the playing field and maximize their chances of securing the compensation they deserve.
Final Words
Proving anxiety from a car accident in Texas can be challenging. It requires gathering substantial evidence, collecting expert opinions, and establishing a clear link between the accident and the victim's emotional distress.
However, with the right documentation and legal support, plaintiffs can seek the compensation they deserve for their pain, suffering, and medical expenses.
A skilled car accident lawyer experienced in handling car crash claims can provide invaluable guidance throughout this process. They'll explain what to do after a car accident in Texas. They can also determine the type of mental distress the plaintiff suffered due to the car accident, whether it was negligent or intentional.
Stating "We Go to War for You," the qualified lawyers at Schuerger Shunnarah Trial Attorneys possess the legal expertise necessary to gather evidence, build a strong case, and negotiate with insurance companies to secure fair compensation for victims suffering from anxiety caused by a car accident.