Sign in / Join

Personal Injury Claim for Emotional Distress Caused by Vehicle Accident

Car accidents can be traumatic even if you don’t sustain any physical injuries. Generally, following a car accident, the victims file a personal injury claim for the monetary damages caused by accident. But, what they do not aware of is that they can also claim non-monetary damages such as emotional distress, loss of enjoyment, and more.

According to a leading personal injury lawyer in Perth, you can make a personal injury claim for the emotional distress caused by a vehicle accident. But, the ability to receive compensation for your emotional damage depends on your personal injury lawyer in Perth, as he must clearly lay the negative effects of the accident on your emotional health in your everyday life. Your attorney must construct a strong legal argument to show that your symptoms are linked directly to the accident or the third party’s negligence.

Emotional Distress Damages

A victim can claim emotional stress damages for the psychological impact caused by the accidents in his or her day-to-day life. This includes,

  • Fear
  • Sleep loss
  • Anxiety
  • Depression
  • Humiliation and more

This type of harm is subjective and varies from person to person. The best personal injury lawyers in Perth advise the victims to note down those psychological issues they are experiencing as a result of the accident. This could be compensable.

You can bring up emotional distress in your personal injury in the following ways.

  • A tort action which shows that a person intentionally caused the emotional damage that no person should be expected to endure.
  • Mental stress or emotional distress caused by the negligence of a third party.
  • The negligence or the intentional act of a third party resulted in the loss of companionship and affection.

How to Document an Emotional Distress?

Most people file a personal injury claim when the injuries sustained push them to seek medical treatment. So, while you are getting medical treatment for the physical injuries, you must also let your doctor know the psychological issues you are experiencing after the accident. Medically documented emotional distress is a strong base for your personal injury claim for emotional damages. Attorneys also suggest their clients maintain a journal in which they ask them to write how they are feeling after the accident and how it affects their everyday life. Gathering more evidence makes your claim stronger and higher the compensation will be.

Wrapping Up

Proving emotional distress damages on your own is hard as it’s a subjective area. Get help from your personal injury or criminal injury lawyers in Perth to produce the evidence and prove your claim. Some states have laws that limit the amount of compensation for non-economic damages like emotional distress. Talk to your lawyer to evaluate your possibilities and get full compensation for your injuries.