Not everything painful after a car accident is visible or tangible. Sometimes, only the injured person can see or feel the suffering inside. This unfortunate reality makes emotional distress more challenging to prove than physical damage.
Emotional distress due to a traumatic crash varies in symptoms. Its common indicators are depression and anxiety. Unless injuries manifest in the body, this state of mental anguish happens internally.
Thus, fighting for a claim against liable parties needs solid proof to help quantify the compensation victims deserve.
Proving emotional distress
Florida is one of the few states that considers the impact rule when an injured party must show physical injuries directly caused by the collision.
In other instances, affected parties may argue that they were in the “zone of danger” or an area near the incident. For example, passengers may be under emotional distress for their near-death experience even if they did not sustain injuries.
Aside from these elements, the court may also assess the following factors:
- Intensity and duration: Medical records, physician’s statements and prescriptions may show how grave and for how long an individual has been enduring their condition.
- Effect on daily functioning: Witnesses, such as family members, friends and colleagues, may attest to the significant changes in a person’s ability to perform or engage in activities at home or on the job.
- Alleged party’s behavior: The defendant may have intentionally inflicted emotional distress on the complainant through extremely reckless or outrageous conduct.
The worst kinds of emotional distress can escalate into mental health disorders with lifetime treatment. Without financial relief, families may have a tough time with their limited finances.
Seeking fair settlement
Prolonged rehabilitative care may quickly drain funds. It often involves behavioral therapy, medications and hospital visits, which may all lead to piles of medical bills. Thus, having a legal team for support and guidance proves valuable. They can work to recover a fair settlement to pay for the mounting expenses. Doing so can also assist in easing the victim’s worries, doubts and fears.