Being injured in a car accident can impact all aspects of your life. While your physical injuries may have the most obvious and immediate effects, the psychological effects of the accident could ultimately prove to be the most costly.
If you are experiencing emotional distress from a car accident, here’s what you need to know.
What Qualifies as Emotional Distress in a Car Accident?
Emotional distress, often referred to as psychological trauma, is a mental health condition that can develop after experiencing a traumatic event, such as a car accident. It involves a range of negative emotions, thoughts, and behaviors that can significantly impact a person’s daily life.
Common Symptoms of Emotional Distress:
While the experience of emotional distress can vary greatly from person to person, some common symptoms may include:
- Anxiety: Constant feelings of worry, fear, or unease
- Depression: Persistent sadness, hopelessness, or loss of interest in activities
- Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, hypervigilance, and avoidance of reminders of the traumatic event
- Sleep Disturbances: Insomnia, difficulty falling asleep, or waking up frequently throughout the night
- Physical Symptoms: Headaches, stomach problems, or changes in appetite
- Difficulty Concentrating or Focusing: Struggling to pay attention during day-to-day interactions
- Social Withdrawal: Feeling isolated and avoiding social interaction
- Substance Abuse: Using drugs or alcohol to cope with the emotional trauma
Keep in mind that these symptoms can vary in severity and duration. While some people may experience immediate emotional distress following a car accident, others may develop symptoms long after the accident took place.
Personal Injury Protection (PIP) Does Not Cover Emotional Distress
Florida is a “no fault” auto insurance state. Under Florida’s “no fault” law, you are limited to seeking personal injury protection (PIP) coverage after a car accident unless you can show that you suffered a “significant” or “permanent” injury.
PIP does not cover emotional distress. So, in order to seek financial compensation for your emotional distress, you will need to be able to file a car accident lawsuit outside of PIP.
You May Be Able to File a Car Accident Lawsuit Outside of PIP
If you suffered a “significant” or “permanent” injury in a car accident, a lawyer may be able to help you file a car accident lawsuit. If you have grounds to file a lawsuit, you can seek financial compensation for your emotional distress. Some common grounds for filing car accident lawsuits include:
- Driver negligence (i.e. distracted, drunk, aggressive, or reckless driving)
- Hiring an inexperienced or unlicensed driver
- Failure to perform appropriate maintenance or repairs on a vehicle
- Negligent road construction or maintenance
- Selling a defective vehicle
You Must Be Able to Prove That You are Suffering From Emotional Distress
In order to file a successful lawsuit, you must be able to prove that you are suffering from emotional distress. This means that you need to seek treatment, and you need to keep track of all of the ways your emotional distress impacts your life. The more evidence you have to prove your emotional distress, the greater chance you will have to recover just compensation.
Recovering Compensation for Emotional Distress From a Car Accident Isn’t Easy
No matter how much evidence you are able to gather, recovering financial compensation for your emotional distress won’t be easy. The insurance companies will fight your claim and, while they might eventually agree to settle, there is also a chance that you will need to take your case to court.
With that said, if you are entitled to financial compensation for emotional distress from a car accident, it is extremely important that you assert your legal rights. The financial and non-financial costs of emotional distress can be substantial. An experienced attorney can help and, by hiring a lawyer to file a car accident lawsuit, you can ensure that the consequences of your accident are no greater than necessary.
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Are you experiencing emotional distress after a car accident in Miami? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To speak with an experienced car accident attorney in confidence, tell us how we can reach you online now.
Originally published March 30, 2022. Updated September 5, 2024.